Neighbor is building a garden house, the roof extends beyond the property boundary

Hello everyone,

we have been living in a new housing development for several years.

The relationship with a neighbor has been somewhat "tense" since the construction began. It started when our excavator back then dumped earth against his curb stones and the neighbor wanted half the costs for creating the property's boundary reinforcement (15 meters x forgotten in €). We politely declined and asked the excavator to keep distance from his L stones.

We do greet each other out of necessity, but we are never really "in agreement."

Now the neighbor is building a garden house on his property line. That is allowed. He wants to use it as a place to stay in the summer (not allowed, because then a 3-meter distance to the neighbor would have to be kept). But that is actually relatively unimportant to us. What bothers us is that the neighbor did not consider one thing when building: The wall stands on the boundary, but the roof extends onto our property. Moreover, the slope of the roof also faces our direction, causing rain to pour onto our property over a length of 6 meters - Actually, there should still be a gutter attached here - which would extend even further onto our property.

We don't really want to make a huge fuss, but I once read that with property boundaries, one must promptly file an objection and demand removal. Does anyone know about this issue? How can one approach it diplomatically?

Regards

Drinking a beer together. Don’t get upset and enjoy life. When it’s just a few centimeters, there are worse things; if it’s more, insist on the dismantling. And involve the [Bauamt].

"Open the barrel" and put it back in its place.

Also think about bringing it up, at least mention it. You don't have to rush to the building authority immediately, but going over and asking if he's aware of it, and how he planned the drainage on his own property, that can't hurt. Of course, you have to live next to each other for many years, but if someone throws crap that early, maybe you have to throw it back. Otherwise, you'll quickly be the guy people feel they can mess with, and I can't recommend that.

I would not accept that and it has nothing to do with [Fass aufmachen] for me. If it is 6m in length that is over your property, I do not find that little! I would first politely address him and ask him to change his roof accordingly so that the gutter remains on his side as well. If he is not reasonable, considers it petty, or stalls you, I would send him a registered letter asking for removal directly. You should also not wait too long to object after he has now created facts and you have noticed that he has disregarded the boundary. Look up the Building Code on encroachment and the duty to tolerate.

I am increasingly going on the defensive and trying to resolve the problem over a beer or to question oneself whether everything is seen too strictly. However, the rainwater is actually the problem here.

Actually, we don't want to make such a big fuss,

I would ask him if he still wants to put a rain barrel on your property to collect the water or if you should clean the gutter in the future. So that's my hint.