Reconstruction by neighbors along the property boundary

  • Erstellt am 2025-03-30 20:51:28

Musketier

2025-04-09 16:50:16
  • #1
I have now looked at it in street view and the whole situation appears somewhat different than how it is described here. I would argue that the houses are not 3 meters apart. Considering the roofs, both gutters probably even lie one above the other. In Bavaria, there are large roof overhangs. Presumably, everything is somehow protected by existing rights, as both houses belong to an older generation. To me, it looks like both plots once belonged together.

I would also be very cautious about any lawsuits here. Your roof, or at least the gutter, also seems to run over the neighbor’s property. When you live so close to each other, it probably only works together rather than against each other.

I suspect the shed is also much more presentable than a free-standing oil tank. If it was built in with the shed, then the shed is also not extremely large. If the oil tank is still in use, I naturally find that very concerning regarding fire and water protection, especially since the stream is also extremely close. Maybe official requirements were met in connection with the construction (e.g., protection against flotation).

Here I give the well-meaning advice not to see everything negatively, but also the positive aspects.
 

nordanney

2025-04-09 16:53:54
  • #2
We would like to see a proper photo sometime. Something like this:
 

just4

2025-04-09 18:10:49
  • #3
Hello, I’ll quickly find a "real" photo and upload it. Yes, I also read something about the obligation to tolerate and the obligation to maintain, because our house was converted into a residential building around 1980 and the neighbor apparently didn’t object at the time, but I’ll see tomorrow when I go to the district office and ask the building department about the land register. My mother said that the houses used to be connected underground with a coal tunnel in the basements of the two buildings, but it is sealed today. At least on our side, and I don’t even know how far it goes on her side. I have already recommended to my mother to reconsider and just swallow the pill, or that she is running herself into a dead end (as I said, there used to be some conflict between our families, and now she simply doesn’t want to keep taking it and always put up with everything. There used to be a wooden gate from house wall to house wall. When mother found out that she owns just about a meter of land around the house, she insisted that the gate be removed and that we stack our firewood there, which is why the neighbor’s father then put up the privacy fence), the financial effort for which is not yet foreseeable. She first wants to go to a lawyer regarding the gutter and the easement, but also to ask about the extension, whether it is allowed and whether she now has to tolerate it visually. She is worried not only because of the new, overwhelming and brick-red appearance, but also because of the increasingly severe storms with massive rainfall (we are here in a flood risk area, which is why the neighbor built the new building between the houses up to her privacy fence with one-meter-high walls and then put up the wooden framework for the roof of the extension), which at worst shoot from our roof onto hers, overload and block her gutter, and splash all over our side, and a meter of her gutter also extends over our firewood. It’s not easy at all and I want to stand behind my mother, but sometimes she is so stubborn and cannot or will not accept other things, when she has only been pushed around otherwise and I hope the lawyer has one or more good tips for that.
 

Nice-Nofret

2025-04-09 19:49:14
  • #4
Call the building authority and make an appointment or maybe you can just drop by the building authority without an appointment and clarify whether the neighbor can really build her construction there without a building permit.

If you bring photos of before, demolition, and current condition, that will also help. You can have the land register entries delivered from the land registry office.

I seriously doubt that in Bavaria you don’t need a building application for covered terraces & sheds under 75 sqm – I know it differently.

Your situation is different anyway with your house so close to the boundary.
 

ypg

2025-04-09 22:03:33
  • #5

Wow! I once fired up AppleMaps: surely no one had imagined the situation here to be this tight.


The small house will always stand in the shadow of the big one. It was probably the stable of the residential house. And at some point, you have to accept that too, because it’s no disgrace.
Go to the building authority... you will probably save yourselves the trip to the lawyer, because different laws apply to you than here in the north.

My tip: enjoy the beautiful house and the beautiful church panorama in the southeast. Do you actually know how beautiful it looks there for you??

And anyway: can I take a vacation at your place?
 

just4

2025-04-09 23:21:38
  • #6
I would like to do that, just because of the new look in front of our living room window and the annoying gutter we have. Curtain in front, done. And if a storm comes and we go under at that spot, then the neighbor will have to pay or fix it. But mom thinks she’s right and wants to go to a lawyer because of that. Zodiac sign Taurus. I probably won’t be able to talk her out of it and otherwise I get accused of not standing behind her or not supporting her, no matter what I say or do, for her. In old photos, our house used to be a smithy, but I thought it was of the house below and not next door. Tomorrow we will call the building authority, make an appointment and hopefully it will be before the lawyer appointment and then we will know more. The neighbor has been informed by me to please not continue her construction project for now, no matter how long it will take, because we want security, clarity, and fairness first and we are also withdrawing from the verbal agreement for now. I haven’t received an answer from her yet, unusual. She is probably very annoyed and will likely finish the construction out of spite and ignoring the verbal agreement, I could imagine. And then I wouldn’t know what my mother would be capable of. Let’s see and yes, vacation approved by me, you can also set up an HQ here. Good night and thanks for the help.
 

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