Question about property law

Maybe you can first address and explain the way you felt about it. There are also people who just seem that way at first. Maybe he was already upset about something you don’t even know about. The other side of the story sometimes sounds completely different.

We have a similar situation and when I inquired at the building authority, I was told that the person whose property is at a higher level is also obligated to secure their land against the neighbor, whether against landslides, rainwater, etc.

It sounded as if it were a natural terrain. Then the person who digs away or fills up must secure it.

I’m also having a bit of trouble, just without a sketch.

Basically, it needs to be clarified: if he does it that way, would you have any disadvantages? Who maintains it? Who covers the maintenance costs in the long term? Maybe the neighbor will sell someday and the next owner says: uh, why should I do anything? It’s on your property, please take care of it! So if anything, I would define the legal relationships accordingly.

If it restricts my property rights in any way, then I would reject it. And if you don’t yet know how you plan your outdoor areas and whether these L-shaped stones might be disadvantageous for you, then I would also tell the neighbor that. That I want to wait until you know how you’ll design the outdoor area, because you don’t know yet, and only then will you be able to make a decision. He’ll just have to wait that long. And if he’s as grumpy as it sounds, well, you can certainly tell him that tone makes the music and with THOSE tones the willingness to cooperate doesn’t exactly increase, right? :cool:

Otherwise: if it means no restriction for you (or even an advantage): why not! But as I said: I would then make sure to define long-term maintenance.

gave the only correct answer. ;)

The neighbor can buy the 50cm if you don’t need the space yourself. Division and land acquisition won’t be less than 5k€ including additional costs, it can quickly cost 10k€.

Otherwise – and this is probably what the city wants/will enforce – have an easement/land charge registered so that security, maintenance, etc. are clarified. Absolutely not for free, unless you get a similar benefit from the neighbor in return, which is rather unlikely in new development areas.

The simplest solution: he should park his stones on his property like hundreds of thousands of other owners do. If he doesn’t like that, he should open his wallet – and appropriately to his tone.

Assuming that you have behaved correctly so far, your description is accurate, and you have given the neighbor no reason for his behavior:

1. Congratulations – you’ve found a lifetime friend who potentially negatively affects your land guideline value.
2. Set him straight immediately and thoroughly. Otherwise, he will probably keep stepping all over you with other things or at least try.

If someone came to me like that, I would demand a 1k€ commission and 5k€ deposit for any potential land purchase/easement registration, so that he may spend an hour talking to me at the notary. Then he’d look dumb once and park his stones on the border.

Best regards
Dirk Grafe

It sounded as if it were a naturally grown property. Then the one who digs or fills must secure it.

That's right! Well, we have now rejected it in a polite way

And how did he react?