October 10, 2024, 11:19 am | Read time: 3 minutes
If branches or roots grow from the neighbor’s property into your garden, you can cut them off. But what should you do if a large stone has suddenly rolled over? A myHOMEBOOK reader reported this case to the editorial team.
Many cases that lead to conflicts at the garden fence involve so-called overgrowth. According to neighbor law, which is a matter for the individual federal states in Germany, branches and roots from the neighbor’s garden may be cut back if they protrude onto your property. It is less common for a large rock from the neighbor to end up on your property. However, this is what happened to Gerhard N. from North Rhine-Westphalia. He contacted the myHOMEBOOK editorial team with his case because the neighbor was doing nothing. Read below what a lawyer advises regarding the dispute between neighbors.
Reader reports rock from neighbor on his property
“25 years ago, our neighbor built on the property on the slope behind our detached house,” Gerhard N. told the myHOMEBOOK editorial team. The slope below her two-family house, which was around three meters high and twelve meters long, was reinforced with large, heavy natural stones. Even a mobile crane was used.
“One of these stones came loose from the embankment in February 2023 and has been lying on our property ever since,” explains the reader. But that’s not all. Other stones could fall out of the slope reinforcement and roll onto the property or even onto the road. “I’ve told the neighbor about the problem several times since February 2023,” explains the property owner. “She told me that she didn’t know how to solve the problem and that it would be very expensive.” He is now wondering what he can do if the neighbor continues to do nothing about this case.
This is how a lawyer assesses the situation
myHOMEBOOK took on this dispute between neighbors and asked Thomas Pliester, a real estate and housing law specialist from Mönchengladbach. “The answer to your question is relatively simple,” says the lawyer. The stone constituted a “property encroachment on the land.” Moreover, the reader had a claim for removal under Section 1004 of the German Civil Code. Accordingly, he could now take further legal steps to have the stone removed from the neighboring property.
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Is there a claim for damages?
“Claims for damages with regard to the restoration of the property only exist if the neighbor should have known that the wall was dilapidated and that a stone would come loose,” explains Pliester. He could not judge whether this was already the case when the first stone fell. “However, after the incident, she will probably have a duty to inspect so that if further stones come loose, she would also be liable for damages,” adds the specialist lawyer. This also means the neighbor would have to repair any damage to plants or the lawn.
myHOMEBOOK is looking for your funniest handyman stories! Have you ever experienced something funny or bizarre and want to tell us about it? Then send us an e-mail with the subject “Handyman” to redaktion@myhomebook.de. The best stories will be published.