HBiHH
2015-08-20 18:43:54
- #1
Hello,
unfortunately, I am already having the first problems with the neighbors during the construction phase. Therefore, I need some good advice.
About the problem:
A few key data points:
- We have a corner plot with a slope/gradient (marked in red on the right in the picture)
- Our neighbor on the left has the higher situated plot (left in the picture):
- The soil has been replaced both on our property and in the rear right corner area of our neighbor’s property (not really load-bearing, we had to go down to natural ground).
- Our architect told us back then that we were not allowed to build our garage all the way to the back because otherwise, we would have too much height difference with the northern neighbor in the rear.
- The neighbor’s house has been there for a few weeks. However, he has evened out the entire plot and plans to build his garage on the boundary with us and to the north on the boundary. However, he has not built a retaining wall.
Now about the problem:
When our excavator started the earthwork and set our retaining wall to the neighbor 3 m from the boundary at the back, he apparently dug out some soil (10 – 20 cm) beyond the boundary of the left neighbor. Due to the heavy rain of the last days, about 1 sqm of soil slipped from the neighbor’s property. Our neighbor is about 1 m higher than the natural terrain level. Now he has contacted me saying that the damage was caused by our excavator and that we should please correct it. This was supposedly already prepared for the garage and concrete should actually have been poured there.
1. The soil that slipped there is sandy/rocky (residues of screed?). I can hardly imagine that a garage should be built on that.
2. He is way too high with his planned garage; he planned the top edge of the finished floor at 169 m above sea level, at the boundary to us the natural terrain is about 167.8 m above sea level.
3. Even if our excavator should fix it, everything will slip down again with the next rain.
I asked him for an appointment at the property so that we can discuss the boundary design. However, he is firmly convinced that we are to blame because we dug out soil. To my comment that he piled up soil, he said, "That was the city, not us."
What should I best do now? Fill it back up again and then hope that nothing slips down during the next heavy rain? Or insist on a retaining wall? By the way, I have spoken to the building authority. The application for the neighbor’s garage has meanwhile been rejected twice. According to the building authority, it has to be about 1 m lower than planned. On the phone, the neighbor told me that he will get the building permit for the garage next week. He also admitted that he has to dig out “a bit” but still insists that we fill it back up again. We will meet for a conversation at the property next week. I have asked him to bring the building permits so that we can check the natural terrain levels in our plans.
unfortunately, I am already having the first problems with the neighbors during the construction phase. Therefore, I need some good advice.
About the problem:
A few key data points:
- We have a corner plot with a slope/gradient (marked in red on the right in the picture)
- Our neighbor on the left has the higher situated plot (left in the picture):
- The soil has been replaced both on our property and in the rear right corner area of our neighbor’s property (not really load-bearing, we had to go down to natural ground).
- Our architect told us back then that we were not allowed to build our garage all the way to the back because otherwise, we would have too much height difference with the northern neighbor in the rear.
- The neighbor’s house has been there for a few weeks. However, he has evened out the entire plot and plans to build his garage on the boundary with us and to the north on the boundary. However, he has not built a retaining wall.
Now about the problem:
When our excavator started the earthwork and set our retaining wall to the neighbor 3 m from the boundary at the back, he apparently dug out some soil (10 – 20 cm) beyond the boundary of the left neighbor. Due to the heavy rain of the last days, about 1 sqm of soil slipped from the neighbor’s property. Our neighbor is about 1 m higher than the natural terrain level. Now he has contacted me saying that the damage was caused by our excavator and that we should please correct it. This was supposedly already prepared for the garage and concrete should actually have been poured there.
1. The soil that slipped there is sandy/rocky (residues of screed?). I can hardly imagine that a garage should be built on that.
2. He is way too high with his planned garage; he planned the top edge of the finished floor at 169 m above sea level, at the boundary to us the natural terrain is about 167.8 m above sea level.
3. Even if our excavator should fix it, everything will slip down again with the next rain.
I asked him for an appointment at the property so that we can discuss the boundary design. However, he is firmly convinced that we are to blame because we dug out soil. To my comment that he piled up soil, he said, "That was the city, not us."
What should I best do now? Fill it back up again and then hope that nothing slips down during the next heavy rain? Or insist on a retaining wall? By the way, I have spoken to the building authority. The application for the neighbor’s garage has meanwhile been rejected twice. According to the building authority, it has to be about 1 m lower than planned. On the phone, the neighbor told me that he will get the building permit for the garage next week. He also admitted that he has to dig out “a bit” but still insists that we fill it back up again. We will meet for a conversation at the property next week. I have asked him to bring the building permits so that we can check the natural terrain levels in our plans.