My neighbor has built a wall on the border without permission, what can I do about it?
September 24, 2023 | 40,00 EUR | answered by Oliver Ratzberg
Dear attorney specializing in neighborhood law,
I am reaching out to you because I have an urgent problem with my neighbor. A few weeks ago, my neighbor erected a wall on the boundary between our properties without my consent. This wall not only affects my property, but also violates existing building regulations.
The wall is unsightly and takes away a part of my garden that I have been using. Furthermore, I feel that my rights as a property owner have been violated by my neighbor's unilateral actions. I have tried to talk to my neighbor, but he refuses to tear down the wall or at least move it.
I am very concerned about the further development of this situation and wonder what legal steps I can take to address the unauthorized wall. Are there ways to compel the neighbor to remove the wall? What legal remedies are available to me to protect my property and ensure that my neighbor does not carry out any further construction activities without my consent?
I would greatly appreciate it if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Emilia Buchner
Dear Mrs. Buchner,
Thank you for your inquiry regarding the issue with your neighbor and the unauthorized wall erected on the boundary between your properties. As a lawyer specializing in neighborhood law, I am available to assist you in resolving this matter.
The situation you have described is a classic case of boundary construction, which often leads to disputes between neighbors. Firstly, it is important to clarify that your neighbor has carried out a construction on the boundary without your consent, which violates existing building regulations. In such cases, as a property owner, you have various legal options to address the unauthorized wall.
Firstly, you should try to have a conversation with your neighbor again and point out the illegality of the wall. If your neighbor remains uncooperative and refuses to demolish or relocate the wall, you can take legal action. You have the right to file an injunction against your neighbor to force him to remove the wall. Additionally, you can file a boundary construction lawsuit to judicially enforce the removal of the wall.
Furthermore, you can contact the local building authority or an expert to determine the illegality of the wall. In many cases, a building permit is required for such construction projects erected on the boundary. If your neighbor cannot provide a building permit for the wall, he is violating building regulations.
In summary, you have various legal options to address the unauthorized wall of your neighbor. I recommend you to promptly contact a specialized lawyer in neighborhood law to effectively enforce your rights and claims.
I hope my explanations have been helpful to you and I am available for further questions.
Best regards,
Oliver Ratzberg, Lawyer specializing in neighborhood law
