Neighborhood law regarding excavation work

  • Erstellt am 2013-07-22 16:54:36

f-pNo

2013-07-22 16:54:36
  • #1
Hello everyone,

our property is "divided into two parts." The first part is flat. Then there is a slope of about 3 meters and further on a slightly rising terrain. We ourselves are still in the planning phase. We will place our house against the slope and use the upper area for a terrace and some garden. On the side of the house, we will secure the slope with L-shaped stones.

And now the current issue: On Saturday we saw that our neighbor is carrying out excavator work on his own initiative. He is completely excavating the slope on his property and, according to his statement, wants to install gabions (wire mesh stone walls) afterwards. So far, so good. But he approached my wife and asked how we intended to support HIS excavation area of the slope. So where he is digging up to our property boundary, we are now supposed to support the slope against possible sliding. In addition, my wife could not identify any property stakes or similar during the inspection of our property that mark the exact property boundary (so in the worst case he might be excavating from our property).

Personally, I am of the opinion that securing the slope is his responsibility. On Saturday we told our planning engineer about it. He said (and we agree) that the neighbor: 1. if his excavator work affects our property, he must restore it to its original condition, and 2. since he is completely removing the slope on his side, he is also responsible for securing his pit/our property against sliding.

That is also how we see it. But what if the neighbor doesn’t see it that way? We really have no desire to start a neighborhood dispute even before the first groundbreaking.

f-pNo
 

Der Da

2013-07-23 03:12:17
  • #2
Either assert your right, or be the fool and pay. If your neighbor actually expects you to pay for it, he already has no respect for you. That won't lead to good neighborly relations.

He needs to hire a surveyor to show him the property boundaries. If he doesn't do it, you hire a surveyor. If you ever want to sell, that saves a lot of trouble.
 

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