The post of our driveway gate protrudes about 10 cm onto the neighboring property

Hello friends,

I am new here, but I hope that I am in the right forum section with my issue and that you can help me.

We own a two-family house in Cologne, which we live in as a family. Our future neighbor had the neighboring house demolished and is now building new on the property. We have owned our house since 1995. Our house was built in 1984. We have a driveway gate with 2 masonry posts.

The architect of our future neighbor verbally informed us today that he intends to build a 1.5 meter high wall on our property boundary. For this purpose, he has already had an existing wooden fence, which was our property, removed without our consent. When confronted, he said he thought the fence belonged to the builder, his client.

He now also claims that our masonry post of the driveway gate (seen from the street on the left) stands about 10 cm on our future neighbor’s property and that it must therefore be demolished or removed so that a flush wall can be built.

The same applies to three wooden posts of our carport, which also protrude about 10 cm into the future neighbor’s property on the side.

Both would have to be dismantled at our expense as soon as possible so that he can continue building.

He said he would send us his demands in writing, which we would then have to sign accordingly.

So far, we have always assumed that our gate post stands fully (40x40 cm) on our property.

As proof, the architect handed us a drawing approved by the city of Cologne (with stamp as a copy), which is supposed to prove that the post and the posts protrude onto the neighbor’s property.

However, the post and the posts in question are not shown on the site plan.

According to the internet, a neighbor’s right expires after 3 years in relation to dismantling or similar matters. What do you think about this?

Hopefully, you can give us expert advice. We are grateful for your help!!

Best regards, Medvedev

That sounds like trouble, otherwise he could have clarified that with you beforehand. You actually want to have a good neighborhood. Maybe you could directly find the builder so that you can find better cooperation and acceptable solutions. Oh yes....."You MUST sign," I think that's great. If not, then kneel down..... I still remember that from earlier at the excursion tavern..... If you want to sit outside, then you have to drink a pot of coffee, not just a cup.

Talk to Hans and not to Hänschen - invite your new neighbor. The architect doesn't really care if the neighbor is OK.

There are boundary stones. Locate them and then you will know where you stand.

The architect of our future neighbor orally informed us today that he intends to have a 1.5 m high wall built on our property line.

"No one has the intention to build a wall" and shortly thereafter it stood there. Unlike back then, according to §§32ff NachbGNRW, it always takes two to build a boundary fence. Demand something in writing and ask in writing for time to consider.

For this purpose, he has already had a wooden fence, which was our property, removed without our consent.

That is property damage and theft. If he messes with you again, reserve the right to take legal action.

When confronted, he said he thought the fence belonged to the builder, his client.

Ignorance of the law is no excuse. But even if he thought that, he is not allowed to remove the boundary fence without your involvement.

According to the internet, the right of a neighbor expires after 3 years regarding dismantling or similar. What do you think about this?

Which legal basis is cited for this? Building Code §912 refers to buildings. For other structural installations, it is a question of proportionality whether a dismantling can be demanded. First, you must clarify where the boundary actually lies. In case of dispute, you will have to commission an official boundary survey. Since the other party has already created unlawful facts, compromises should be negotiable if you have actually built over the boundary.

There are boundary stones. Locate them and then you will know where you stand.

If the world were that simple, I would have chosen another profession. There are also iron pipes, with and without visual markers, nails, bolts, horizontal and vertical, and chisel marks. And only rarely are they as obvious as in the photo.

Rarely is anything in life simple. Building a house and living in it is also not easy, but a boundary stone is a boundary stone is a boundary stone. Even if it is a bicycle spoke. First, one should clarify the boundaries because without that, there is no basis for any further discussion.