Risk of damage to neighbor's curbstones

  • Erstellt am 2020-11-19 21:46:40

Pamiko

2020-11-19 21:46:40
  • #1
Good evening everyone,
I need some more opinions.

Currently, the outdoor area is being constructed at our place. The first step is to build a retaining wall around the property (sloped property).
Today, the following problem was noticed on the side of the property adjacent to the neighbor.
The neighbor has laid a path next to the house going down from the street towards the garden and bordered it on the boundary with curbstones.
When the landscaper wanted to dig the trench for the foundation of the wall with the excavator, the first curbstone loosened because the concrete base extends onto our property. Normally, he would probably solve this by chipping off the concrete on our property at this spot.
However, the curbstones are only set in the ground at the bottom and are basically held in place only by the concrete on our property.
The fact is, if we dig the trench on the boundary, all the curbstones will be gone.

The landscaper has already pointed out that resetting the curbstones would also involve significant costs, and there is also the risk that not only the curbstones but also the laid path will come loose or suffer damage.

We are now facing the decision of what to do. Another big problem is that the house is currently empty because it is for sale. Contact details for the owners are not available. So we cannot simply seek a conversation.
We have the following options:

- proceed with the wall on the boundary as planned. Following the motto: if something on their side loosens, it is due to non-professional execution and is not our concern because we remain on our property
- proceed with the wall on the boundary as planned and repair the curbstones. Problem: we will have to bear the costs and what if more damage occurs?
- move away from the boundary by a bit. According to the landscaper's assessment, the existing wall would have to have a recessed section and we would be about 25 cm away from the boundary. These 25 cm would be lost to us on the one hand. Another problem: who takes care of maintaining this 25 cm strip since we will barely be able to access it afterwards. Furthermore, I personally dislike having to remove weeds there nicely even though we have given away this space.
As mentioned, an agreement with the neighbor is not possible.

What would you do in our place? Actually, we don’t want to lose any time because we want to make as much progress as possible before winter.

I look forward to your opinions.
Maybe someone even knows the legal side?
 

fach1werk

2020-11-19 21:57:52
  • #2
I would want to look into the land register with legitimate interest to see who is registered there and also put a letter on the neighbor's door. At the same time, I would send a registered letter to the old address, maybe there is a forwarding request.

Best regards
Gabriele
 

Pamiko

2020-11-19 22:14:29
  • #3
In general, I am always in favor of communication. The question here, of course, is what should be discussed. I firmly assume that the owners do not want to invest any more money in the outdoor area of the house to be sold. So what should be addressed?

The situation is overall quite awkward. Actually, the wall should be completely built up along the side by next week.
 

11ant

2020-11-20 00:00:18
  • #4
Hey, what is it doing there? - the neighbor has to take care of his boundary reinforcement on his own land, we just recently discussed this there:
 

HilfeHilfe

2020-11-20 05:26:36
  • #5
well the boundary stones have always been there, haven’t they? you can’t just damage someone else’s property and then hope for leniency. especially since the house is being sold and its value is being diminished. i would [dir als nachbar was prusten]
 

Pamiko

2020-11-20 06:32:04
  • #6
The last two posts illustrate the dilemma very well
 

Similar topics
27.04.2020Cat-proof garden16
09.02.2013What do you think of this property?11
28.05.2013I am getting a plot of land as a gift. How do I finance the construction?16
08.01.2014Opinions on the hillside property22
06.12.2019Neighbors' bushes on our property...37
26.10.2015Hang securing > overcoming 1.30 m / house in a "ditch"25
25.07.2016Is a 3,000 sqm plot sensible?44
08.12.2016Financing KfW55 efficiency house, land and outdoor facilities19
18.02.2017Assessment of the buildability of a large plot according to §3417
02.10.2018Garden landscaper offer ok or rather totally exaggerated?103
03.10.2018Determining flooring for roof terrace: landscape gardener or roofer?10
29.11.2018Ideas for outdoor areas, garden, garden landscaping - suggestions, tips?51
06.07.2021Install drainage on the property18
30.06.2025Colorful Garden Chat Picture Thread2692
16.03.2020Outdoor facility - Neighbor has already built a wall15
24.03.2021Cracks detected in basement concrete exterior wall, how to proceed?33
23.04.2022Designing a garden on a slope sensibly57
03.05.2022Which garden landscaper to choose? Added value?17
14.08.2023Cost estimate for exterior facilities - price 45,000 € realistic?19
01.01.2024Building a retaining wall in the garden: formwork stones or L-stones?62

Oben