hTTi

Hi! Our neighbours want to build a pool in their backyard. They are asking us if they could enter through our front gate and into our backyard (via the side access) for the evacuation process (ie digging the hole). Our backyards are separated by a natural hedge wall.

We are generally on friendly terms with each other and we want to accommodate their request as they have verbally promised us that they would make whole any damage done to our property in the process (ie lay new grass, replace any plants or tiles broken). If we don’t say yes, they might still go ahead with the pool only that the workers would have to then go through the inside of their own house to the garden with wheel burrows etc or over their roof via a crane.

They have also asked us if they can carry out any refurbishments for us for eg replacing our bike shed as compensation for the inconvenience. All this sounds ok in theory but i feel rather nervous about possible time overruns of the project, any accidental damages not made whole, the noise and other possible disputes etc.

So I wanted to ask, how can we protect ourselves in this situation? Does anyone know of any kind of insurance we can take out for eg Rechtsschutzversicherung? I don’t think we want to involve lawyers or draft a formal contract between us and the neighbours, but I do want to understand our rights and figure out a way to set limits around the project. Perhaps talking to a lawyer (without involving the neighbours) could work? But if so, what kind of lawyer- A Rechtsanwalt or some sort or a lawyer with some commercial expertise around property matters. But it all sounds quite costly. What to do?

Thanks!

A question about your common boundary which you describe as a 'hedge wall' - if this is a hedge of big shrubs, removing some is going to make a big hole, and replanting them will either not work (same plants - they'll likely die) or be horribly expensive (new plants of a similar size to the other ones) or take ages to grow back to the size of the rest of the hedge (new smaller ones - cheaper and more likely to grow successfully).

That would be my personal big concern. Grass/lawn/pathways are easily sorted, hedging not so much.

I do not have an answer to your actual question, sorry.

But it all sounds quite costly.

Not your problem. Your neighbor should pay all costs including a lawyer to draw up a proper written contract. I wouldn't go with a verbal agreement on something as big as this.

Be sure to get your new bike shed or whatever you want as compensation in the contract along with time limits. Swimming privileges?

You're doing your neighbour a massive favour and they should fully understand you wanting everything in black and white (and there is no indication in your post that they don't). You should have legal insurance anyway, especially as a home owner, so go ahead and get that before you sign anything but be aware it may exclude any issues that happen with x months of the policy being taken out. Get a policy that is valid immediately. Any basic legal insurance will cover contract law, which is what this is. Most legal insurance policies exclude disagreements over building work but this is a contract and should be covered.

Also, consider if you actually like the hedge and want it reinstated or if you might like it (partially?) replaced with a fence. If you have a small garden, a hedge can take up a good chunk of it. Replacing a section near your house might give you some more space that you'd enjoy. The neighbours sound pretty reasonable, offering to compensate you for the disturbance. You'd be amazed at the amount of people who think they should be able to do this whether you like it or not.

Fraufruit wrote: ↑Wed Jun 12, 2024 11:08 am Not your problem. Your neighbor should pay all costs including a lawyer to draw up a proper written contract. I wouldn't go with a verbal agreement on something as big as this.

Totally this. In fact neighbour should pay for the unconnected lawyer you choose to review the contract their lawyer draws up.

Thanks. The hedge wall (the damaged part) will need to be replaced and I’ve demanded that the small trees and bushes be replaced for a like for like.

What kind of lawyer could we reach out to? Does anyone have any ideas on where to find someone who can help us draft an agreement?

You're after a Fachanwalt fuer Immobilienrecht.
I couldn't see where you are located, but your local Rechtsanwaltskammer would be a solid place to start. They typically have an online search function for the area of law and any additional requirements, such as English speaking.

@dstanners Thank you! I'm based in Frankfurt am Main

If the shit hits the fan, call Chuck Norris: +1-800-CHUCK.

In that case, here's the link for the search (assuming you are after an English speaking property lawyer):
https://www.rak-ffm.de/index.php?id=128
The search just throws up a sample of 10 lawyers who meet the search criteria so you may want to repeat the search or visit their websites until you find one you like.