What is my rear neighbor allowed to do?

Questioner

My back neighbour's garden was right next to my garden. Now he has raised his garden by more than 1 metre and placed a wall of more than 1 metre as a retaining wall and on top of that a fence of 2 meters and against that fence espalier trees that also stick out 2 meters above the fence. he does everything without consultation. the marking of the land registry is gone, my posts have been moved. if I now have the land registry measured again and he is wrong who should then pay the land registry. we have lived here for 40 years and because I use oxygen 24/7 and mainly sit outside on my terrace in the spring and autumn I do miss the sunlight. there is no talking to the neighbor behind and the municipality says we do not interfere with that, WHAT CAN I DO NOW?

Lawyer

What your neighbor has done is to place an earth wall so that his fence is higher than two meters high. According to case law, in such cases the high yard may not be decisive, but the lower yard. This is case law of the highest administrative court, and that means that your municipality is indeed not applying the law correctly. They must work with the ground level if they want to determine the maximum height of property boundaries; An earth wall is not part of a naturally occurring elevation. You can send me an email without obligation so that I can help you explain this piece to your municipality, to info@rechtinjestad.nl. .

Lawyer

You supplemented your question with the following: 'he has placed a stone wall and on top of that a fence and against that pollarded trees and the municipality says it will not interfere and has nothing about it in the municipal by-laws'. A stone wall also falls under my answer, it is not a natural progression of an increase, your municipality must take your plot as a starting point for the size of the ground level, and that can be done by testing the maximum height of the property boundary permitted by law and their zoning plan regulations. You can request enforcement because it then appears that your neighbor's property boundary is much too high.