What can I do if my neighbor moves boundary stones without my consent?
June 6, 2024 | 50,00 EUR | answered by Paul Heuser
Dear lawyer,
I am reaching out to you because I have a problem with my neighbor. A few days ago, I noticed that my neighbor had moved boundary stones on my property without my consent. These boundary stones mark the border between my property and my neighbor's.
The boundary stones were set by my father many years ago and hold great significance for me, as they not only mark the border but also represent an emotional connection to my father. I am very concerned that my neighbor simply moved the boundary stones without discussing it with me or seeking my approval.
I have already tried to talk to my neighbor about the issue, but he refuses to move the boundary stones back. I feel violated in my privacy and property, and I do not know how to proceed further.
Therefore, I would like to know what legal steps I can take against my neighbor to have the boundary stones returned and ensure that this does not happen again. Is there a way to force the neighbor to move the boundary stones back?
Thank you in advance for your help and advice.
Sincerely,
Ingo Schreiber
Dear Mr. Schreiber,
Thank you for your inquiry and your trust in my expertise on neighborhood law. I am sorry to hear that you are facing such a difficult conflict with your neighbor. The situation you are in is certainly very distressing, especially when it involves emotional memories of your father.
Regarding the boundary stones that your neighbor has moved without your consent, it is important to know that boundary stones play a crucial role in determining property boundaries. Moving boundary stones without the consent of the owner of the affected property is generally not allowed and can be considered a violation of property rights.
In such a case, as the affected property owner, you have various legal options to take action against your neighbor. One option would be to first write an informal letter to your neighbor, politely but firmly asking them to immediately reset the boundary stones. It is important to also emphasize in this letter the significance of the boundary stones to you personally.
If your neighbor continues to be unwilling to reset the boundary stones, you may need to involve a lawyer and take legal action. In such a case, a boundary survey by a sworn expert may be necessary to determine the exact location of the boundary. Based on this determination, you can then take legal action to compel your neighbor to reset the boundary stones.
However, it is advisable to consider alternative solutions before engaging in a legal dispute, such as mediation or arbitration with your neighbor. A neutral third party can help find a mutually acceptable solution that avoids further conflict.
I hope this information is helpful to you and wish you success in resolving this matter. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Paul Heuser
Attorney specializing in neighborhood law
