Fixing of a neighborhood agreement

I think this is hardly possible to judge here in the forum. explains several times that the neighbor is acting against neighborhood law and has moreover built over the boundary. The main problem here, in my opinion, is not that the wall, for example, stands in the middle of the boundary line, which is common and can be pragmatically resolved. It seems, however, that the neighbor has dug his property down to a depth of 2.8m, but is only allowed to build a retaining wall up to a maximum height of 2.0m. This means that 80cm are not supported and therefore must be removed from f-pNo’s property, which costs about 80cm of property width (45° slope).

This can be remedied by an actual wall up to 2.80m high, which then (in NRW...) must be secured by a building encumbrance (Baulast), which affects f-pNo’s property.

If this is not possible, I would actually suggest raising the additional cost of the unplanned elevation, because: obviously the neighbor has removed about 2.80m of terrain here, although he should have known that without additional conditions he can only support 1.50m. Even with neighbor’s consent only up to 2.0m.

The neighbor should therefore have informed himself in advance about how to manage his terrain removal, which he – if I understand correctly so far – has neglected.