Excavation by the neighbor on our property

We are currently in the middle of purchasing a property. The entire new development area belongs to the municipality, which sells the individual plots. On Friday, the draft of the notarized purchase contract arrived. It states that the property is being purchased as it lies and appears. That is basically not a problem... But now the directly adjacent neighbor has started excavating his basement, and unfortunately, most of the excavation material is now lying on "our" plot... Unfortunately, I have never encountered anyone there so far to say that the property will belong to us in at most 2-3 weeks and that it would therefore be important to remove the excavation material... Because theoretically, according to the wording of the purchase contract, we are now basically buying the excavation material as well... And who knows, a nasty neighbor might suddenly not remember that it is actually his excavation... We do not want to upset anyone yet, but we are not sure what the best course of action is now... What do you think?

Oops... difficult. Actually, you can only try to get a written assurance from the neighbor before signing that he will pick up the stuff again. The problem is also that the municipality should actually take care of it at the moment since the property does not belong to you yet. Only the municipality probably doesn't care. And you don't have proper power of attorney yet, since it’s not your property yet.

Have you spoken with the municipality? Theoretically, the neighbor should have asked the municipality whether he is allowed to store his junk there. At least from that you should be able to find out the contact person.

You can pretend that you yourselves want to build very soon, and the neighbor’s junk is very obstructive.

You should keep at it. On our property, the entire excavated material from the surroundings was always stored (long before the purchase, we had no influence) with the result that I had to have an estimated 100-150 cubic meters of excavated soil, which had remained on the property and was simply spread out, hauled away at great expense. That cost us a good 3000 €. In addition, the constant driving around with wheel loaders on the property caused the soil to become so compacted that any soil survey conducted on this compacted soil can be thrown straight into the trash. We had been told there was rocky soil (the drill only penetrated 70 cm), but it was just compacted sandy soil.

Best regards,

Andreas

Take a photo. Email it to the community. Say: I will buy this, but before we pay, it must be gone. However: email the photo, also announce the request verbally, not just in writing. Otherwise, it won't have a good effect.

Hi,

I’ll buy it, but before we pay, it has to be gone.

Depending on how sought-after the plots are, it may be that the municipality then says:

1. "Sort it out yourself with the neighbor"
or
2. "No problem, you’re out and we’ll sell to the next person on the waiting list. They don’t bother us with quarrels..."

Around here, option 2 would very likely happen.

Best regards,

Andreas

There is no waiting list, we have reserved the property, the purchase contract has been drawn up for us... I have now written to the lady from the [Gemeinde] and politely asked her how we should proceed best... I'm curious to see what the answer will be...

Check if it is topsoil and bag it. [emoji1]

Have you already gotten the neighbor’s contact details? Or have you just been driving past so far?