Neighbor's lawsuit against approved building permit

  • Erstellt am 2015-09-19 14:11:15

Blaine81

2015-10-02 10:51:41
  • #1
Exactly with this app or actually with the associated website of the same name (I don't know if I am allowed to link here, but in case of doubt, Google helps), I obtained the information about the sun path and the shadow casting.
 

Blaine81

2015-10-05 16:05:47
  • #2
Here is the latest status after a meeting on site with our lawyer. We currently have 2 options left after the neighbor’s injunction was dismissed:

Either we wait now until both our lawyer and the district office have prepared the pleadings. Afterwards, our lawyer would call the judge and try to get an initial assessment as well as a timeframe for the proceedings.

The alternative is to continue with the construction and thus create facts. The more that is completed, the sooner it will be decided in our favor for reasons of proportionality (to put it bluntly, a shell construction worth €100,000 will not be torn down for a €50 lower photovoltaic yield per year).

Between the lines, it was already clear that she would probably continue building, even though she could not say so to us for liability reasons.

My wife and I now have to think this over again.
 

Blaine81

2015-12-09 20:35:47
  • #3
Hello everyone,

I still owe you the end of the story.

After the conversation with the lawyer, we decided in mid-October to continue building.

In the meantime, the court also contacted the neighbor to inquire about maintaining the lawsuit, as the chances of success were very low. Shortly before the deadline, the neighbor then withdrew the lawsuit.

At least we came through the situation quite unscathed financially, since the costs for the proceedings and the lawyer’s fees were imposed on the plaintiff.
 

Bauexperte

2015-12-10 00:01:54
  • #4
Smart woman, smart decision

Rhine greetings
 

schubert79

2015-12-31 11:46:42
  • #5
Have fun with the neighbor in the future.
 

Blaine81

2016-02-18 20:53:06
  • #6
Hello everyone,

unfortunately, the story continues regarding the following point:



Last week, I received a call from our lawyer that the neighbor is ignoring the payment requests regarding the attorney’s fees (after all, about €1400).

If we want to get our money, we will probably have to escalate further and send a bailiff ... but then the neighborhood relationship will probably be completely over.

Alternatively, she offered us to first apply for the enforcement order, but not to initiate the enforcement yet. Our thought: Then we would have a small "pressure tool" for the future if the neighbor becomes quarrelsome again.

What do you think?

In any case, I will take out legal expenses insurance soon, because I really fear that there will be further complications with this neighbor in the future.
 
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