New neighbor - do we need to move the oil tank?

  • Erstellt am 2018-02-22 10:57:21

Bieber0815

2018-03-01 22:00:40
  • #1
Regarding the statute of limitations ... That’s why you have to issue reminders in time. The neighbor is new after all ... Does the statute of limitations then apply?

But it is certainly bizarre!
 

ypg

2018-03-01 23:22:31
  • #2
It's nice that there are articles in newspapers. However, they do not regulate law. Often, research errors also creep in. There is no law that you lose after a certain period. Law is law. There is no statute of limitations. Try taking that to court...

By the way: the smartest response or question is actually "with witnesses?" That takes away exactly what he wanted to give you. Facts can be doubted... they are useless.

Edit: by Ehevertrag-Forum a thread is meant here that takes somewhat strange forms regarding the concept of marriage. I also sent you a private message, but you are too occupied with yourself... not that the latter would be bad
 

kaho674

2018-03-02 06:58:40
  • #3
Limitation is limitation. It would be new to me if that no longer applied. Much more problematic is that the people of Mecklenburg have so far failed to agree on a neighborhood law – in other words, they have none. When there are problems, they refer to other federal states or BGH rulings.

Here is another example from Bavaria, as they apparently always have to stand in for this:
Art. 47 of the Bavarian implementing law to the Civil Code reads as follows:
[I](1) The owner of a property may demand that no trees, shrubs or hedges, grapevines or hop plants be kept on a neighboring property closer than 0.50 m or, if they are over 2 m high, closer than 2 m from the boundary of his property.

However, this claim is subject to limitation according to Art. 52 of the same law:

(1) (...) The claim for removal of a condition violating Articles 47 to 50 and 51 paragraphs 1 and 2 becomes time-barred after five years. The limitation period begins at the end of the calendar year in which
1. the claim arose, and
2. the owner of the property gained knowledge of the circumstances giving rise to the claim or should have gained such knowledge without gross negligence.[/I]

I do not believe that the purchase of a property by a new owner cancels the limitation period. But let’s see what the lawyer says.
 

Joedreck

2018-03-02 07:13:44
  • #4
Basically, you can sit back. After all, he has to sue if he wants something in case of doubt. Since he is obviously an idiot, I would let him hang. Every now and then.
 

kaho674

2018-03-02 08:35:00
  • #5
OT: No, I looked at it. But the topic is so extensive and individual. Besides, I have no children, which usually disqualifies me as a participant, since it greatly simplifies my circumstances.
 

Payday

2018-03-06 06:54:18
  • #6

Ehevertrag Forum? pm me ^^

On the topic: there are always people who make a fuss over every little thing. If you really need the centimeters for buildings and such, I can understand it, but for 10cm more garden, that’s just stupid. We have 2 neighborhood boundaries to private properties (2-sided street) and on both sides we lose a few centimeters. On one side his hedge slightly (5-10cm) stands on our side, on the other side we used L-angles (or normal slabs) as support with 10-15cm distance to the boundary (somewhere the concrete has to stay).
With the hedge he basically just "did it" like that. We have a finished hedge, he paid. That’s fine. Whether we have 17 or 16.9m to the boundary from the house doesn’t matter to me. And the other side couldn’t be done differently. We will probably agree that the hedge will then be on the boundary or slightly on their side. If they say no, we’ll put up a fence on those 15cm.
 

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