Can my neighbor enter my property to carry out repair works on his wall?
January 1, 2022 | 40,00 EUR | answered by Paul Heuser
Dear Attorney specializing in Neighbourhood Law,
I am writing to you with a question regarding my neighbor who wants to carry out repair works on his wall. Currently, our properties are adjacent to each other and the wall of his house is on his property, but it directly borders my property line. Now my neighbor wants to have the wall repaired and has asked me if he can enter my property to carry out the repair works.
I am concerned because I am not sure about the rights and obligations that apply in this situation. Is my neighbor allowed to simply enter my property to carry out repair works on his wall? Do I have to give him permission to do so or can I refuse? And if he is allowed to enter my property, under what conditions should this happen?
I am worried that the repair works could cause damage to my property or that my neighbor could try to claim further rights in relation to my property during the works. I want to ensure that my interests are protected and that I do not have to fear any unwanted consequences from my neighbor's repair works.
Could you please provide me with information on whether my neighbor is allowed to enter my property to carry out repair works on his wall, and if so, what rights and obligations apply in this context? I would also appreciate any possible solutions or recommendations.
Thank you in advance for your assistance.
Sincerely,
Bernd Bacigalupo
Dear Mr. Bacigalupo,
Thank you for your inquiry regarding the planned repair work on your neighbor's wall, which directly borders your property. I understand your concerns and will explain in detail the rights and obligations that apply in this case.
In general, your neighbor has the right to enter his property to carry out necessary repair work on his wall. However, he must ensure that he does not cause disproportionate disturbances to your property. This means that he must carry out the work in a way that does not cause damage to your property and does not excessively limit your use of it.
Your consent as a neighbor is generally not required, as these are necessary works on your neighbor's property. However, it is advisable to have a clear agreement with your neighbor to clarify any potential misunderstandings in advance. For example, you can make an agreement regarding the timing of the work, access to your property, and any liability issues.
It is important that you monitor the repair work and respond immediately to any irregularities or damage. If indeed damage occurs to your property, you have the right to claim compensation from your neighbor.
Additionally, I recommend checking the exact ownership details in the land registry to ensure that the wall is actually located on your neighbor's property and that you are not being granted an unwanted right.
In conclusion, I advise you to consult a lawyer specializing in neighborhood law if in doubt, to protect your interests and avoid any potential consequences.
I hope this information has been helpful to you and I am available for any further questions.
Sincerely,
Paul Heuser
