Reconstruction by neighbors along the property boundary

I would also go to the building authority and ask if they are allowed to do that. It costs nothing and will be faster. Just because something does not require approval does not mean you can ignore laws. For example, everything related to fire protection and also the [Abstandsflächen] must be observed.

Hello everyone.

We just got back from the legal consultation.
The outcome is sobering from my mother’s perspective.

According to the lawyer, the construction, based on our sketches, our rough measurements, the cadastral excerpt, after reviewing our old land register and with reservation that he would adhere to the local building regulations, including his obligation to correctly contain the above-ground oil containers, is, shall we say, legally valid.
He also views my mother’s revocation regarding the agreement about the gutter vs. hedge critically after the elapsed period of 2-3 weeks and the nearly completed construction, since verbal agreements can be made informally and are thus legally binding.

This hit my mother pretty hard, and she is now dwelling on it, because she is also upset with herself and because she let herself be steamrolled on the decision day. But he says the neighbor is also obliged to carry out repair and removal measures even without a written contract if during heavy rain or in winter roof avalanches or rainwater flow over to us and possibly cause damage through leaking oil. And we should definitely document this if it happens and if she refuses, for example due to the poor neighborly climate, we should insist on it and can also threaten with legal action.

As I said, my mother’s pride is bruised and she said I should not inform her about the decision or the lawyer’s opinion yet and tell her to continue building, but I find that somewhat dangerous again because I don’t know if that might trigger another dispute with lawsuits or claims for damages.

What do you think, do we have to, should we inform her? Her last word was “Fine, then we’ll just talk through our lawyers from now on” and since then I haven’t been able to reach her on WhatsApp.

I want to thank you all for your patience, time, and information and I am somehow glad that the matter is settled for now, even though I sympathize with my mom and don’t know how to help her now.

Best regards

Hello everyone, according to the lawyer there is currently no official duty to inform the neighbor (also because she wrote in an SMS "Fine, then we'll just talk through the lawyers from now on") and as long as she doesn't ask if and when she can continue building, she will probably remain in the dark and her construction will remain peaceful and quiet. Considering the circumstances, a claim for damages due to not continuing construction would initially be difficult for her, even if the oral contract were valid. What a drama. Have a nice weekend.

There is something I would like to ask. Unfortunately, my dear mother refuses to take the pill at all, and the lawyer mentioned something about inheritance and new building rights. Unfortunately, I don’t remember the exact wording anymore. My mother says he said that if the house were gifted to me, the son (in parts or entirely, which would probably be tax-free according to the lawyer’s subjective assessment because the land-building value remained under €400,000), I as the new owner could object to not wanting the gutter on our side of the property and could demand that the neighbor modify the construction. That’s how my mother perceived it; my feeling was rather that as long as the construction with the gutter is not completely finished, or if the construction were finished, I as the new owner couldn’t do anything about it anymore. We are currently arguing about this and the lawyer has already gone into the weekend. Does anyone know if this is the case? Could it work or would it be a dead end? I kindly ask again for your valued opinion. Thank you and have a nice weekend.

Could that work or would it be a dud?

Even if it worked: What would that achieve? That your mom doesn't annoy you anymore, or should the neighbor suffer, for whatever reason?

I suspect the latter, due to the inheritance I will soon be taking up. On Wednesday evening we had heavy rain with hail, which completely clogged their gutter, the water overflowed, soaked parts of our firewood and she is now refusing to make repairs, for the time being. It would be expensive, unnecessary, and she would rather install a wider and deeper gutter. Mother is strongly opposed to that and has therefore decided to take this step, if possible.