Drainage and flushing shaft in boundary construction

Hello everyone,

A week ago, the neighbor filled in the work area. We are both building on the slope with a basement garage and he with a basement carport.

We have maintained the 3m distance at the border with the neighbor, he has constructed his carport basement on the boundary as specified in the development plan.

Today I discovered that he has a flushing shaft at the corner of the basement, which (since the basement is on the boundary) is located on our property. Apparently, he also has a drainage pipe on the outer wall on our property. The development plan requires the installation of uphill drainage. The shaft, into which he must lead these, was of course sensibly built downhill at our property boundary, so the path across our property is naturally the shortest, compared to going all the way around...

Our problem with the flushing shaft is now, of course, that we wanted to build a staircase on the house side, but it is now in the way. And the second consideration is, of course, what happens if the drainage needs to be repaired?

I would like to get rid of the flushing shaft, but of course I do not want to destroy the neighborly relationship right before moving in. Does he have a right to such an encroachment, and if so, under what circumstances?

Is your property possibly encumbered with a corresponding [Grunddienstbarkeit]?

No, not at all. The drainage could also be laid the other way around and house, it's just the longer way.

No, not at all. The drainage could also be laid the other way and house-side, it's just the longer route.

Then you should speak kindly but firmly with your neighbor and insist on proper work that does not cross your property.

Yes, I will do that afterwards. I just wanted to make sure I don’t overlook anything and that there is something similar to the hammer right for the building protection as well. It will be expensive for them of course, because everything has to be dug up again to turn the drainage around...

Hello Uwe,

in my opinion, it is not possible without the right of way or without asking you. Address the neighbors, their architect or construction management should comment on this. Formally, also notify the building authority in writing about the defect, because otherwise you might miss deadlines and the construction method could be interpreted as tolerated by you. But inform the neighbors about the process beforehand, otherwise they will be shocked when strange mail from the building authority arrives.

There is a right of hammering, but this (without guarantee) does not include a general right of way, it only secures access for repairs etc. - how a judge would decide in case of doubt is another matter.

You can of course also look at it pragmatically: if the neighbor ever needs to access "his" drainage, he is allowed to lift your paving and build you a new staircase. Whether this is cheaper and causes less trouble than laying the drainage now, I leave open. However, if the shaft prevents your staircase construction, at least the shaft would have to be relocated. Maybe the drainage can then remain as is, secured by the right of way, and that’s it.

Best regards Dirk Grafe