What can I do if my neighbor unlawfully expands his property?
November 23, 2023 | 40,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I am reaching out to you as I am facing a problem in my current living situation for which I urgently need legal advice. My neighbor, Mr. Müller, has significantly expanded his property in the last few months by unlawfully encroaching on a part of my land. His expansion has not only invaded my privacy but also violated the boundaries of my property.
The current situation is very distressing for me as the unauthorized expansion by my neighbor has restricted my quality of life. Additionally, I am concerned that this situation could worsen further and I could potentially lose my property in the long term. Therefore, I am looking for possible solutions to protect my right to my property and to halt my neighbor's unlawful expansion.
My questions to you as a lawyer specializing in civil law are: What legal steps can I take to stop my neighbor's expansion and protect my property? Are there any ways to resolve the situation out of court before a lengthy legal dispute begins? What legal grounds are available to me to enforce my right to my property?
I thank you in advance for your professional advice and support in this matter.
Sincerely,
Jürgen Hartmann
Dear Mr. Hartmann,
Thank you for your inquiry regarding the unauthorized extension of your neighbor onto your property. This situation can indeed be very stressful, as it not only impacts your privacy but also violates your property. As a civil law attorney, I can assist you in this matter and outline possible legal steps for you.
First and foremost, it is important to determine whether there is indeed an unauthorized extension and whether your neighbor, Mr. Müller, has unlawfully encroached upon your property. In such a case, as the owner of the affected property, you have the right to take action against Mr. Müller. You have the right to demand the removal of the unauthorized extension and to restore your property.
To initiate legal proceedings, you can seek the assistance of an attorney who can file an injunction against your neighbor on your behalf. In such a proceeding, it will be determined whether the extension is truly unauthorized and whether your neighbor is obligated to remove it. If Mr. Müller violates the judgment, fines or even enforcement measures can be imposed.
However, it is also possible to resolve the situation out of court before it escalates into a lengthy legal dispute. In such a case, you can sit down with your neighbor and try to find an amicable solution. This could involve reaching an agreement for the return of the unlawfully used property or payment of a fair compensation.
Regarding the legal grounds available to enforce your right to your property, neighbor law and civil law play a crucial role. These rules determine the rights and obligations that neighbors have and how disputes regarding property boundaries and ownership rights can be resolved.
I hope this information is helpful to you and I am available for further questions and personal consultation. Please do not hesitate to contact me to discuss your situation in more detail.
Sincerely,
Friedhelm Krebs
Civil Law Attorney
