Neighbor is building a retaining wall on my property. What should I do?

  • Erstellt am 2020-04-12 08:40:12

immermehr

2020-04-12 11:03:52
  • #1

I am concerned about 13m2.
I do not want to immediately resort to threats/lawyers. That’s why I am thinking about the building authority (as a detour/alternative).
 

Escroda

2020-04-12 11:04:28
  • #2

I did not even mention this option, as the surveying costs alone amount to about €2,000-3,000. I was referring to §§912, 913 of the Building Code, according to which you are entitled to an annuity. This could also be settled with a one-time payment. Since you filed an objection in time, however, you can also demand the dismantling, which I will now assume is your goal.

No. It is very difficult to obligate the authority to take action. There is something like an inactivity lawsuit, but this only serves to enforce one's own claims, e.g. the issuance of an applied-for decision. Otherwise, you have to prove a public interest, which becomes difficult in the case of a boundary between two private properties. Clearly, there is a violation of the development plan here with a precedent effect; the authority should intervene—but you cannot rely on that and it will not help you with correcting the situation.

Before you take further steps, the local position of the boundary and the position of the retaining wall must be determined beyond doubt. If the boundary points are no longer present and/or there is no agreement between neighbors about the boundary line, you can have the boundary newly marked according to §919 of the Building Code (costs are shared by the neighbors).
 

HilfeHilfe

2020-04-12 15:46:35
  • #3
Not much will happen there
 

hampshire

2020-04-12 16:04:08
  • #4
The way it sounds, your neighbor is little interested in your wishes and ideas and acts without consideration. I cannot stand recklessness, would get somewhat emotional, initiate the dismantling, and demand compensation for expenses and damage to my own property. Only the latter would be negotiable.

For me, it would also be conceivable to simply tear down the wall and push the rubble onto his property. Quite simply as a symbolic act that restores equality. Please do not take this as advice, because legally all of this is far from impeccable and can become expensive – there is also a high probability of permanent deterioration of the neighborly relationship. However, a neighborly relationship based on one party’s recklessness and the other’s compliance is worthless anyway.
 

nordbayer

2020-04-12 16:29:05
  • #5
Set a deadline for dismantling in a letter your lawyer drafts. Your neighbor has now delayed you often enough and left you hanging

Maybe one last verbal warning before that
 

Zaba12

2020-04-12 16:33:43
  • #6
I don’t even know why you’re making such an effort?! Go to the building authority and the district office and explain/complain about the matter to them. Then a surveyor will come out who will say that the boundary has been built over and that’s that. There are no tolerances. In fact, 4cm is already too much. We also had a surveyor out because of our L-stones.

If it is as you write, a dismantling will be forced.
 

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