Have neighbours failed to comply with the loan agreement?

Questioner

This is a detached house where on the long side (approx. 23 meters long) there is still 0.50-1 meter wide land in relation to the property boundary of the neighbors. In 1997, permission was granted to the neighbors to maintain this piece and to include it in their existing garden. For this purpose, they loaned us a piece of land behind our house. All this was agreed verbally at the time. In 2016, however, a loan agreement was signed on paper by all parties to prevent conflicts. It states that the plot strip may only be used in accordance with the intended use and that it is not permitted to make changes, such as placing any building, whether or not in connection with existing walls, improvements or changes. Now they have placed a chicken coop on this plot strip (without consultation) against our outside wall with approx. 1 cm space between the coop and the wall and made a chicken run that is covered with a net. This net hangs in front of our window and we can no longer reach the window to wash, paint frames, or the grille for the flue. Furthermore, we are also partially unable to reach the gutter and roof overhang for work. We are also unable to reach the sewer along the entire length if there is a leak. On request, they would remove the net if we wanted to reach the window, but then it would go back. So we can never carry out work spontaneously, we are dependent on the neighbours, while this strip is not even theirs. Question, is the chicken coop a building and are the neighbours within their rights or are they not observing the loan rules? Due to all the obstacles, we would like to see this removed. Furthermore, we do not have access to our own plot strip, because the only entrance is on the neighbours' plot. Now we have to go to the neighbours to explain our problem. The relationship is not very good, so what would be the best way to approach that conversation. Should we ask them to remove the chicken coop incl. net or terminate the loan agreement immediately? We would like your advice and if you need more information, please let us know.

Lawyer

Your story shows that mutual agreements have been made with the neighbours to prevent conflict and that you do not want to put further pressure on the mutual relationship. In addition, you are now experiencing nuisance from the chicken coop and netting put up by the neighbours. You ask how to approach this conversation. If it immediately becomes legal, there is a chance that the whole thing will escalate and the relationship will be damaged. This is namely directly about the chicken coop, but also about how you deal with agreements together and what you can and may expect from each other as neighbors. Mediation may be a good option here. In mediation, you talk to each other under the guidance of an independent and neutral mediator, with the aim of reaching workable agreements together. If you would like more information about this, you can call me without obligation on 06-45494465.

Lawyer

A chicken coop is a building, sometimes a permit is required. The user agreement states that buildings may not be erected on the land given in use; but does it also state that this violation is sufficient to terminate the agreement? If there is a violation, it is questionable whether it is so serious that you can or may terminate the agreement unilaterally. You may also contact me directly so that you can provide more information by email.

Lawyer

Hello. Would you mind contacting me again? There was an error receiving the email. Thank you.