Legal agreements with neighbours as a basis for construction projects
With regard to the planning and implementation of building projects, we also advise our clients in the area of the civil law concerning the rights of neighbours, for example concerning hammer blows and ladders, the interpretation of easements, boundary fencing and, in particular, the conclusion of agreements with neighbours that relate to the plot of land in question. Because of our many years of experience, we achieve legally sound and economically sensible solutions quickly and efficiently.
Particularly in areas like Berlin with a high building density, the problem often occurs that in order to repair or modernise one building the neighbouring plot of land has to be used or affected as well. In the case of buildings that abut neighbouring plots, it is often not possible – or at least it isn’t possible without unreasonable expense – to carry out the work without affecting or using in some way the neighbouring building or plot of land. In such cases, agreements with regard to the rights of neighbours can help. Such agreements have sufficient regard for the respective interests of the parties and offer considerable security both to the party that wishes to build and to the party that has to tolerate this building work. We explain all the relevant aspects to you. Our examination of any case includes the following questions:
- Is the consent of the neighbor necessary?
- Does the neighbor have to tolerate people having access to his plot of land and can this be enforced without court proceedings?
- Can the neighbors drive be used as an access road for construction vehicles?
- Is it permissible for the crane to swing over the neighbour’s land without his consent?
- Is it necessary to show the neighbor the details of the work that is planned?
- How much advance notice is needed for notifications?
- If rent reductions have been granted, does the landlord have a claim for compensation against the neighbour who is carrying out the building work?
Given our many years of experience in this particular area of the law and with the necessary tact, we can resolve almost all such issues efficiently and reasonably without recourse to legal proceedings. If this is not possible in an individual case, we rigorously enforce the claims of our clients in the courts.