Partially change or revoke the right of way

  • Erstellt am 2021-08-02 15:58:26

hampshire

2021-08-03 16:25:48
  • #1
Noise in front of the bedroom would annoy me too. Something can be done about it – doors can be closed considerately, a loud roof during rain can be made quieter, engine noises just have to be tolerated. That people can come home at any time of day or night should not be up for debate, and whether your neighbor has been partying, is coming from work, or whatever reason she was out really is none of your business.
Whether the neighbor "lied" from the start is an interpretation – why the carport is there now is unclear, sometimes there are good reasons for a change of plans.
That your neighbor could observe that visitors always park in a usual way in front of your house has nothing to do with her having to expect that this behavior will regularly remain the same when the situation changes due to the sale and development of the property. It would annoy me a lot if I were regularly parked in by neighbors' visitors and had no free access to my vehicle. In individual cases, of course, you can ring the door next door and ask for a maneuvering action, but making that a regular occurrence is out of the question.
If the cars are not on the path but on your property and this makes it less convenient for her to drive out of her carport, then that is naturally her problem; knowledge of reversing helps, or you simply park in reverse as a precaution – she chose the location of the carport herself.
Overall, a huge amount of emotion seems to be involved here. If you manage to cool these on your side down, you have a chance to continue living happily in the house. I think some self-management is the best key. In a less emotional atmosphere, noise protection measures on the carport can also be discussed. However, as long as it is apparent to your neighbor that you consider her a liar and criticize her lifestyle, you will have no chance of a factual improvement in the situation. If necessary, a local mediation center may help.
It is up to you to move out of the situation – and by that, I do not mean moving away, because you would simply take your part of the problem with you untreated. I wish you all the best with that and know that it is easy to write but not so easy to implement.
 

ypg

2021-08-03 16:51:09
  • #2
I was about to say: we still don’t have any plan of the definitive parcels. Just because it is paved there doesn’t mean it is sole property or vice versa. I think just put it well again: Emotion meets rights.

By the way, regarding Kati’s problem, I read that a trigger for noise pollution is the good old shutter, which is either cranked down or moved by motor. Also cars that are then used when the other party doesn’t see it as necessary. I guess if I make sure that something next to me is changing, I also have to expect that this is linked to habits that may have to be changed. In this case (i.e. the sale of the neighboring parcel), that would be the new view and yes: noise from the other. Also the parking for visitors. Ultimately, that is the bitter pill you pay when selling, where positive euros also flow into your wallet. You probably only have a “if only I hadn’t sold” or the positive thought of what you gained through the sale.
 

Climbee

2021-08-03 17:05:51
  • #3
I can understand the frustration very well – but it’s just no use. I have to look out for myself and figure out what to make of the situation.

I also belonged to the 10 p.m. bedtime crowd for a long time. Not because I’m an early bird, but because I had to be one, because if I didn’t leave by half past five, I would be stuck in traffic. But I would never have thought of forbidding my one neighbor from chatting on her balcony (which you can clearly hear from our bedroom), something she often and gladly does, or getting upset about cars, motorcycles, or whatever else driving into the neighborhood. I just closed my window – even though I prefer to sleep with the window open.

I can also understand the frustration that the neighbor didn’t stick to a verbal agreement. But if the law is on her side, then it’s annoying, but it can’t be changed.

Personally, I would probably kick myself if I had agreed to the right of way in such an unfavorable way – but that’s done and can hardly be changed anymore.

Despite all the frustration, I would try to achieve at least a neighborly coexistence with the neighbor – it doesn’t have to be friendly – and then point out that the carport’s metal roof is very loud when it rains and possibly offer a solution. These anti-rattle strips from Tolentino sound interesting. Look into them – including the costs. You might then offer to cover the costs fully or partially if she lets them be installed.

I understand that she doesn’t want to be blocked in. It’s extremely annoying when you first have to ask the neighbor to please move so you can get out of your carport. The right of way belongs to her and that unconditionally, always. Even if it’s not nice to say that you build the carport on the other side and then still put it there. Do you know the reasons why a plan change was made? Maybe it’s even understandable?

Even though it’s difficult: try to find a basis for communication. I believe that is one of the keys to a pleasant coexistence.
 

guckuck2

2021-08-03 18:13:35
  • #4


No court will consider this admissible because the access to the new house would no longer be ensured. I believe escroda has spoken several times about forced rights of way.
If Andrea knows that the other parcel with the right of way begins in front of her gate, the case is closed. The trip to the lawyer for review can be saved.

The notary is hardly to blame here. He sees a few parcels lying neatly next to each other, one obviously recognizable and usable as an access. The client says, please order a right of way on this one. Ordered, delivered.
How should he know that Andrea has a steel gate and likes to park in front of it? Rather unusual.

And even the builder does not have to have acted maliciously. He goes with his parcel plan to the architect/contractor and is advised to place the carport rather on the north side instead of placing the parking lot on the south side. Good for the floor plan and garden. Great idea, legally perfect. Notification to the neighbors that there is a planning change – one is nice – and done.

Oral agreements simply don’t count in such matters. At the latest after reselling, no one has to feel morally bound to it, legally not at all.

Coating the carport with “anti-drone” material is a good idea but requires willingness and cooperation of the neighbor.
Windows can be replaced with soundproof class. But if they must remain open, you basically hold the short end of the stick regarding noise. This habit I would give up. Very bad combination and a guarantee for neighborhood trouble.
 

Tarnari

2021-08-03 18:33:35
  • #5
I'd be careful there. Sometimes I have my phases and turn up our admittedly quite powerful system at night to listen to Slipknot and Co. (During the day I'm not allowed, my wife and my little one hate that). I regularly get told off for it because the two of them are just getting into bed. And that's despite sand-lime brick and concrete from the ground floor to the upper floor. Unfortunately, I just can't always resist. It can happen, dear wife and child. ;)
 

Tolentino

2021-08-03 19:23:52
  • #6
Well, I am thinking about it - to be correct I should probably write that I dream about it - then having several houses on one property so that everyone can really retreat nicely. Basically a Flair 110 as a mancave, one as a studio for the woman, and one as a nursery and common room. Ah...
 

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