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

  • Erstellt am 2020-04-12 08:40:12

HilfeHilfe

2020-04-12 18:36:03
  • #1

I warn against WhatsApp. Partly not recognized as evidence. Go to a lawyer.
 

Zaba12

2020-04-12 20:22:34
  • #2

No, experienced it myself! My shell builder dug out the boundary stones and didn’t put them back in! 2-3 weeks later, a letter came from the building authority. A month later, the surveyor was on the property and the boundaries were remeasured, additionally the position of my L-stones on the boundary was checked. All affected neighbors had to be present.
Fortunately, we did not build over it. It was 4 cm too little which now hangs in the air.

There were no disputes, no exchange, no communication. Someone, no matter who or some bored grandma, grandpa, cat, dog, etc. saw and reported it. Which is also okay.

That’s why I say, dig out and report. Yes, it has to be paid, but who pays if you don’t know who it was?!

In our case, it was clear.
 

Escroda

2020-04-12 22:39:53
  • #3

Then the culprit was known.

That would be even better.

Building authority is a collective term for all construction-related offices of a municipality.
From which office exactly?
With what content?

What exactly was done? Were the boundary points remarked?

At the surveying appointment? Which federal state?

Are you sure that the shell builder informed you about everything in this regard?

Then don’t get caught (VermKatG NRW, other federal states have similar regulations):
§ 27 Administrative offenses
(1) A person acts unlawfully who
...
4. intentionally or negligently attaches, removes, or alters boundary markers contrary to § 20 paragraph 5,
...
(2) The administrative offense can be punished with a fine of up to fifty thousand EURO in the cases of paragraph 1 nos. 1, 2 and 6, and in other cases with a fine of up to three thousand EURO.


Who paid then?
 

Pinkiponk

2020-04-13 10:08:36
  • #4
Is it really that easy to just dig up the boundary stones? Then anyone could arbitrarily enlarge their own property. Would it make sense to have this checked or does the surveyor do this anyway in connection with work for a new building? On our "post-war property" here, only the two boundary stones in the sidewalk are firmly attached. One is completely missing and the other is just a large, angular stone about 1 cm in the ground, without any further marking. No one has ever cared about that before.
 

rick2018

2020-04-13 10:26:49
  • #5
that has to be re-measured. You cannot rely on the boundary stones (especially the old ones). Ours were more than a meter off...
 

ypg

2020-04-13 10:38:32
  • #6
Sorry. It's as easy as driving 100 km/h in a 30 zone or hitting someone or otherwise causing harm. I would like to add the OWI here with Par. 274 StGB.
 

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