Hello!
I am asking for advice again. In advance, I apologize; I cannot tell the whole backstory about why the neighbor is an a... anyway, it is ALWAYS difficult, so I wanted to build the wall on my side even if it is the most expensive option. We are in Rhineland-Palatinate.
The neighbor has a 3 m deep terrace; we are allowed and want to build 4 m. We are the end of the row house, so we are only building a terrace to the neighbor. I will call him Mr. Müller now. Müller is in the middle and is also building a wall towards Mr. Schmidt.
We and Schmidt wanted 2 m high and 4 m long. Mr. Müller, however, is very aggressive, causes a lot of trouble, Mr. Schmidt often gives in, often also my husband. Long story short:
We agreed on 3 m length and 180 cm height with a cap on top, total height approx. 183/185 cm. Now the stones are laid at 175 cm and the mason is supposed to cut and add something on top. Our direct neighbor does not want 185 cm; he asked the mason without consultation to leave the wall as is, i.e. total height 178 cm...
A dispute broke out, I will summarize. We then commissioned Mr. Schmidt, who is building the wall with him on the other side, to talk to him because that was the agreement. Mr. Schmidt often gives in or betrays out of fear (the neighbor Müller is very bad). Anyway, Mr. Schmidt talked to Müller and he then agreed. Today when the mason was there, he was not allowed to work again. My husband and Müller argued. Yes, it is about 5 cm, but our terrace will be even higher than his, my husband is 190 cm tall, we are tall, we want a high wall and peace.
Mr. Schmidt finally supported us and also said his opinion that he also wants 2 m but is willing to go down to 185, not less, we too. Now the mason wants to continue building, but the neighbor does not cooperate. The mason must continue (due to weather)...
Now I have a question, if we tear everything down, are we allowed to build 2 m high on our property, at the boundary? I want my wall on my property. I cannot share anything with the neighbor. The same goes for the fence, it should simply be a 1 m high wire to be strung through, I am not exactly sure what it is called, and everyone should build something on their side.
Am I legally bound to anything? We have tried everything, but the neighbor is antisocial and I finally want peace and not to share with him.
Now I have commissioned the mason to continue building to a total height of 185 cm tomorrow without the neighbor's consent. If he intervenes, everything will be torn down and he can knock off the foundation; we will build new on my property. I googled about enclosures; according to the building regulations, hedges and fences are allowed up to 2 m, but I do not know what applies to walls and everywhere says something different.
What should I do? This is the last chance, the mason is simply building higher now and wants to plaster tomorrow as originally agreed. If the neighbor causes trouble and does not pay, there will be a work stoppage, and we will tear everything down.
It may be that some here will blame me for not communicating. I bear no grudge because I did not write everything that happened before. We have made so many compromises that we are now at zero willingness, either 185 or leave it. He must learn now to also make compromises.
So my question:
Am I allowed to build 2 m high and 4 m long at my boundary with the neighbor? Do I have to pay the neighbor anything? What rights and obligations do I have? Do I have to build on the boundary or is it possible as described above?