Can my neighbor build his carport directly next to my fence without my permission?
October 21, 2023 | 50,00 EUR | answered by Paul Heuser
Dear Lawyer,
I am reaching out to you with a question regarding neighborhood law that is causing me great concern. My neighbor is planning to build his carport directly against my fence without seeking my permission. I am worried that this could affect my property and lead to conflicts between us.
The current situation is as follows: My property directly borders that of my neighbor, and there is a fence separating our properties that clearly marks the boundary. I have recently discovered that my neighbor intends to build his carport directly against this fence without prior notification. I am concerned that this could result in shading on my property, intrude on my privacy, and potentially decrease the value of my property.
Therefore, my question to you is: Is it allowed for my neighbor to build his carport directly against my fence without seeking my permission? What legal steps can I take to protect my property and find a solution to this issue? Are there ways to prevent or modify the construction of the carport to safeguard my interests?
I thank you in advance for your assistance and support in this matter.
Sincerely,
Selma Schreiber
Dear Mrs. Schreiber,
Thank you for your inquiry regarding neighborhood law. It is understandable that you are concerned about your neighbor's plans to build his carport directly on your fence without obtaining your permission. In such cases, it is important to know the legal framework and understand what steps you can take to protect your property.
In general, your neighbor is required to obtain your consent for construction projects that take place directly on the border of your property. This is stipulated in neighborhood laws that are regulated in the respective state laws. The construction of the carport could potentially impact your property, whether through shading, infringement of your privacy, or devaluation.
To protect your interests and find a solution to the problem, I recommend initiating a conversation with your neighbor. Explain your concerns to him and show him why the planned construction of the carport is problematic for you. Try to find a mutually acceptable solution, such as building the carport in a different location or reaching an agreement that adequately considers your interests.
If reaching an agreement with your neighbor is not possible, you can take legal action. In such a case, it is advisable to consult a lawyer specializing in neighborhood law to represent your rights. A lawyer can assess whether your neighbor is violating applicable laws and what measures you can take to protect your property.
Possible legal actions could include obtaining an injunction against the construction of the carport or filing a lawsuit for cessation. It is important to assert your claims in a timely manner and take the necessary legal steps to protect your property.
I hope this information helps you and supports you in resolving your issue. If you have any further questions or require legal assistance, do not hesitate to contact me.
Sincerely,
Paul Heuser
Attorney specializing in neighborhood law
