Can my neighbor build a wall on the property line without my consent?
January 15, 2024 | 40,00 EUR | answered by Paul Heuser
Dear lawyer,
I am contacting you with a question regarding neighborhood law. My name is Björn König and I live in a row house, whose property boundary directly borders that of my neighbor. Lately, I have noticed that my neighbor is in the process of building a high wall directly on the boundary.
The current situation is causing me great concern, as the wall not only visually impacts my property greatly, but also significantly restricts my privacy and living comfort. Additionally, I am unsure if the wall was even approved and if my neighbor has the right to build such a wall on the property boundary without my consent.
For this reason, I would like to ask for your advice: Is my neighbor actually allowed to build a wall on the property boundary without my consent? What legal options do I have in this situation to address the wall, and what steps should I take next to successfully enforce my concerns?
I would greatly appreciate it if you could assist me in this matter and inform me about my rights and possible solutions.
Thank you in advance.
Sincerely,
Björn König
Dear Mr. King,
Thank you for your inquiry regarding the wall that your neighbor is building at the property boundary. In neighborhood law, the construction of boundary walls or fences is specifically regulated to avoid conflicts between neighbors and ensure harmonious coexistence.
In general, your neighbor is allowed to build a wall at the boundary as long as they comply with the applicable regulations and boundary distances. However, usually such a construction must be approved beforehand. Therefore, it is advisable to check if your neighbor has obtained a building permit for the wall. If no permit has been obtained, it constitutes an illegal construction, against which you can take action.
As a first step, I recommend you to have a conversation with your neighbor and politely inquire if there is a building permit for the wall. If there is no permit, you can inform your neighbor that the wall is illegal and demand its removal or modification. If your neighbor is not cooperative, you can take legal steps and contact the local building authority or a lawyer specializing in neighborhood law.
In such a case, you can send a warning letter to your neighbor, asking them to remove the wall within a reasonable period. If your neighbor does not comply with this request, you can apply for an injunction at the relevant court to enforce the removal of the wall.
It is important for you to remain calm and composed in this situation, and to be aware of your rights. A lawyer specializing in neighborhood law can help you to represent your interests and find a solution to the problem.
I hope that this information is helpful to you and I am available for any further questions.
Best regards,
Paul Heuser
Lawyer specializing in neighborhood law
