Neighbour law: Damage and objections to construction work
Questioner
Our neighbor is going to build a shed/studio in his backyard next Monday, May 5th. That thing will have a basement and the highest point above the ground will be 3 meters. The wall of 5 meters long and 3 meters will be on/against the property boundary. But this was not discussed with me in advance. The contractor came just before Easter (2 weeks ago) Wednesday to tell me and said that he was within his rights to build like that, because a permit had been granted for it. And that it was no longer possible to object. At first we said we wanted to cooperate by having a fence put in the garden so that our children would not fall into the hole. But a day later we found out that we could still object to how the permit was granted. We also objected, because an application had been made for a storage space, but it will be used as a studio and workshop. And we indicated more things as objections. 1. I wonder how such an objection is handled, is it handled by the person who grants the permit, or does someone else also look at it. (I suspect bribery) We have also informed the contractor that we no longer want to cooperate, because there is uncertainty about what will happen to our land. There is a large gray area, they say that they take photos in advance and try to restore it to its original state. 2. If that shed is allowed to come, it is no different, but I do not want anything to happen to my garden. How am I within my rights to demand that my garden remains intact. There has only been new grass for 2 weeks and there are bushes of ours right next to the property line. 3. What is a reasonable amount that I can ask for the damage that I suffer. And the inconvenience that I have from them being busy in my garden for 6 weeks. The bad thing is that the neighbor did not tell us about this in advance and they are going to build on Monday without us knowing exactly what is going to happen. I am afraid that he will just do his thing and that part of my garden will be destroyed. I have been trying for weeks to get in touch with a local police officer to be able to communicate with the neighbor (I have already been there, but the door is slammed in my face). But the local police officer does not respond to my return calls (which also makes me suspect bribery, because it was exactly during the period when I could have filed an objection). 4. The neighbour is within his rights to build a shed so big, because a permit has been granted, but to what extent is he allowed to do that on the property boundary without consulting us? A compromise was reached a year and a half ago with the local police officer, that there would be a fence on our side and wire mesh with ivy on his side. He would first have to move the wire mesh because it was on the property boundary, but he has not done so in all that time, which means we could not put up a fence. So he is not adhering to the compromise and decides for himself what goes on the property boundary. 5. Pending the answer to my objection, construction continues happily. Can such a large construction that will cost 40,000 euros still have to be demolished if it turns out afterwards that the permit was wrongly granted, or do they then say: Well, we won't let you demolish it, but it will cost you a fine. I suspect that he puts it there first so that no one can take it away from him.Lawyer
Day, I answer your 5 questions below: 1) If the objection is submitted too late, it will not be processed. 2) If construction is lawful, this does not mean that you cannot do anything; the neighbour must respect your private rights - neighbour rights - and may not cause unlawful nuisance resulting in damage. 3Nuisance damage, no, actual damage, yes. 4 see answer 2 5 if you are not too late with the objection you could request a simultaneous appeal/construction stop at the court. If you really expect that the building will not comply and will have to be demolished anyway, that is an option.Take the next step
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