BSR container location for my house and neighbours.

27 posts in this topic

Hi, 

I am not German and recently I bought the house in Heilligensee, my house is on the front row and two other houses need to past my land, I know by law I should allow them to past and I do not have block the, but there is some issue which needs to know what is my right and how I should do it.

 

There is a concrete box in front of my house in my land which has 3 space for 120Liter BSR container, which one used by me and 2 other use by two houses on back. Since I am a new owner and I do not know the story behind that and they are also not really friendly and we can not understand each other language it is really hard to communicate together over the problem and discussion. The box located inside of my land and as far as I know there is nothing in my official documents mentioned regarding this pard and section is 100% is own by me. 

 

https://resizeimage.net/viewimg/SAvNhS8VtVngUfn1/k2ULl/img_20200707_093417934_hdr.jpg 

 

Now I wish to remove the concrete box and make a change in my front garden and fences around my house. But before I touch it or destroy it, I want to know my right and legal process in case need it to avoid unnecessary problem my case if I touch it, is there any checklist or any place which I can find the right advice regarding this subject?

 

In the second part of my requirement, I would like to put the door in front of the road which back neighbors passing from my land to their house. Again, what needs to do, what checklist I have to consider and procedure which I need to be passing before I am able to place the door in front of the road to not let anybody to freely move inside of my land for more privacy and security reason.

 

Many thanks for your input and help. 

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in short: if your idea involves putting up some kind of gate/door/barrier across that access to the houses in the back (where you drew the red line on the picture) that won't fly. Free, unobstructed access to the houses in the back has to be possible at all times. Not just by your neighbors, but also by city services, emergency services, and pretty much anybody with a legitimate interest. You are not the "gatekeeper". An easement is an easement - you can't fence people off.

 

What you can do, however, is replace that riggedy old wooden fence with something nice, solid, and secure - even a high privacy fence, or a wall. For that you'd just need a building permit. You could also replace the old trash-can house with something nicer, as long as the doors to those trash cans can be freely opened by your neighbors, or the BSR.

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6 hours ago, Radgostar said:

The box located inside of my land and as far as I know there is nothing in my official documents mentioned regarding this pard and section is 100% is own by me. 

Are you sure? Have you checked the Grundbuch for easements?

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12 hours ago, snowingagain said:

This really all seems a fantastic way to get to know your neighbours and make new friends.  

 

Thanks for the advice, I am in good relationship with another neighbor, but the two houses in backside are a difficult one, for two reasons one house the owner has died before I move in my new house but his son seems a very nice guy but he left the house empty and I am not able to see him so often, the second backside neighbor does not speak English and also he does not want to talk to any neighbors and in particular seem not like non-german people which make it a big barrier for any approach. 

 

From the other side, before I start the conversation about these boxes, I need to know my rights and possibility, otherwise, I can not negotiate about anything.  some neighbours told me since there is nothing mention officially in your land registration documents and this is your land you can do anything you want. But to me, since they are living there for more than 30 years, they have mindset everything remind the same and if I change it they will be upset which I do not want to make them against me, at the end of the day we are neighbour and we need to live together in peace and happiness, therefore If I know my right, I can think some why to talk and then see the reaction and they can not simply say no if I have right, 

 

Is this make sense to you? Did I able to explain to you my mindset?

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12 hours ago, RedMidge said:

No discussion on this "Box" before you bought the place?

 

about this box we never talk before with agency, I remember in first visit agency who was not sure about most of the information told me they are yours, also I was not sure about how the thing works in Germany. I was more pay attention to the house building materials and since the owner was not leaving in house, many information need to be asked by the agency via his son who was not sure about most the information too. 

 

Recently I tried to ask the attorney man which we since the contract and he did all the transactions documents and he told me there is no other attachments which explain anything about this.

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14 hours ago, jeba said:

Are you sure? Have you checked the Grundbuch for easements?

The OP having acquired the property should already be in possession of an extract of his plot's details from land registry which would cite these - as generally the bank wants to see all of this. Unless the property was bought in cash without a mortgage, in which case the OP might not have it.

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14 hours ago, jeba said:

Are you sure? Have you checked the Grundbuch for easements?

I am sure this is part of my land, even the road next to it is part of my land if you see the picture

Webp.net-resizeimage (1).jpg

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2 minutes ago, lunaCH said:

The OP having acquired the property should already be in possession of an extract of his plot's details from land registry which would cite these - as generally the bank wants to see all of this. Unless the property was bought in cash without a mortgage, in which case the OP might not have it.

 

Yes, I bought the house with a mortgage from the bank, But I am not sure what they call the section in German or the document name in German so I can recheck and see if there is anything like this document they sent to me. 

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It's not that your neighbour doesn't speak English, it's you not being able to speak German. 

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2 minutes ago, McDee said:

It's not that your neighbour doesn't speak English, it's you not being able to speak German. 

 

Thanks for mention this, I did not know that.

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I have no idea about the box, I assume it was built there so the people from the BSR can take the bins directly from there and you do not have to bring them outside yourself.   So I am sure your neighbours will be pissed if you remove it.   But the box seem small for three houses now that the bio bin is mandatory as well (except if you compost).

 

What I am sure is you can't gate that entrance road.   It should be access free to emergency services.  That situation is crappy because you have to maintain it but it is not really "yours".   I expect you knew this before buying.

 

42 minutes ago, Radgostar said:

 

Thanks for mention this, I did not know that.

 

Well, you can have all the bad attitude you want, have but @McDee is correct.  You made it sound like the problem is that they can't speak English when the problem is the opposite.   You could find a German speaker to translate for you and go and talk to him and discuss things.

 

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1 hour ago, Radgostar said:

I am sure this is part of my land, even the road next to it is part of my land if you see the picture

From that picture it seems very likely to me that there will be an easement entered into the Grundbuch. Even if not - after 30 years there would probably a customary right have been established.

 

24 minutes ago, Krieg said:

That situation is crappy because you have to maintain it but it is not really "yours"

Are you sure? I doubt it but the Grundbuch might help finding out. To avoid costs I´d try asking the notary before turning to a lawyer.

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7 minutes ago, Krieg said:

I have no idea about the box, I assume it was built there so the people from the BSR can take the bins directly from there and you do not have to bring them outside yourself.   So I am sure your neighbours will be pissed if you remove it.   But the box seem small for three houses now that the bio bin is mandatory as well (except if you compost).

 

What I am sure is you can't gate that entrance road.   It should be access free to emergency services.  That situation is crappy because you have to maintain it but it is not really "yours".   I expect you knew this before buying.

 

 

Well, you can have all the bad attitude you want, have but @McDee is correct.  You made it sound like the problem is that they can't speak English when the problem is the opposite.   You could find a German speaker to translate for you and go and talk to him and discuss things.

 

 

 

Thanks, Yes I knew the road has been allowed to past for neighbors or guests, I also should keep it clean in the shift by a neighbor. but I did not know I do not have a permit to not close the road by the gate. my main requirement for the gate to have better security and privacy without blocking the neighbors to access their properties freely. the part you mention makes sense, but I am not sure how others did the same?!! I can see many houses similar to mine have not opened the road for everybody? besides that, if somebody just enters our private road and something happens to it especially in the wintertime we will be in trouble. 

 

I asked BSR regarding this box, they told me they do not care about it, this is your choice, but if we change the place or if need to bring them in front of the road you just need to tell us where to collect it. 

 

You are right about the BIO bin, I have one and I saw they have too, I don't have place for it and I leave it somewhere in garden. on the timing of collection, I can see they bring them and I should bring mine and place them in front of the road. Besides that, we have a blue bin and one of the backside neighbors has a second black BSR bin which he placed in front of his door.

 

In fact, I think each house they should hold their bin inside their own properties and don't disturb each other, first, they use my space and they are not clean the box and has a smell, each day 2, 3 times they have to walk from home to BOX space in front of my house and throw their trash, and each time they make big noise by opening and closing the big iron door and smash it while they close it. therefore I am not happy with the location of the box, additionally, I would like to change the design of fences and front garden.

 

 

Regarding language and etc which you and @McDee mentioned: I am not trying to show anything, I just simply say thank, I am not trying to show who's a problem and blame anybody for anything. I am just simply trying to understand what is right till I can plan for my next move. this is the issue and I am trying to solve this issue for myself. reset is an explanation for people to know why? what and etc. besides this, since I am writing my question here and this is the main target of this forum as far as I know, for people like me who can not speak German to discuss their issue. 

 

Again I should emphasize this, before any conversation, request, or demand, whatever can we name it. the first step is to have information, possibility,  maybe my requirement does not make sense at all and talking about it with neighbors just going to disturb them.

 

 

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1 hour ago, McDee said:

It's not that your neighbour doesn't speak English, it's you not being able to speak German. 

Some people in Germany speak neither. ;)

30 minutes ago, jeba said:

From that picture it seems very likely to me that there will be an easement entered into the Grundbuch. Even if not - after 30 years there would probably a customary right have been established.

If this had have been the case (no easement), the OP could have very easily closed off their private land and would have been well within their rights. It would have then been up to the other neighbours to go to court to get it opened up again and not the other way around.

A customary right may be difficult to obtain if there are alternative routes. One would have been granted to the neighbours though if it was an emergency situation - i.e. no other access.

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25 minutes ago, lunaCH said:

If this had have been the case (no easement), the OP could have very easily closed off their private land and would have been well within their rights. It would have then been up to the other neighbours to go to court to get it opened up again and not the other way around.

I wouldn´t do that. Firstly, because I´m not sure he´s withion his rights and secondly, if the neighbours take it to court and he loses he´ll have to pay their legal fees as well. When I inherited a property together with others and found out that 4 sqm of the neighbouring house were built on our land the court determined our claim to DM 2,5/ month based on the value of the land back in the 50ies when the house was built and without any compensation for inflation or increase in value. It didn´t help that those 4 sqm would have meant we could have built a toilet for a shop the tenant of which wanted it. Had we found out before the 30 year threshold as reached it might have turned out differently.

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2 minutes ago, jeba said:

I wouldn´t do that. Firstly, because I´m not sure he´s withion his rights and secondly, if the neighbours take it to court and he loses he´ll have to pay their legal fees as well.

I'm not suggesting that the OP should do it, I was speaking about these situations generally when there is no easement. If I have understood correctly there is an easement here for the OP's case. 

If you have legal insurance in place beforehand, you would not have to pay all of the costs if you lose.

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If the other houses all had their own bin, then the collection lorry will have to use the road to get to them? So, you really cannot block this access road.

Is it on your property- looks as if it is partly on the main road?

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2 hours ago, RedMidge said:

If the other houses all had their own bin, then the collection lorry will have to use the road to get to them? So, you really cannot block this access road.

Is it on your property- looks as if it is partly on the main road?

On the other hand, generally speaking and mainly I've heard in some places for insurance issues, collection lorries do not go onto private land to pick up refuse (unless it is a one-off and has been booked/arranged privately). Refuse/recycling has to be taken to the edge of the property, ready and visible for collection without any extra hassle for the dustmen. So if there is a private access road to get to your property, then you have to take it yourself along this road until you reach the border with the public highway. ;)

 

We have a private access road running along the edge of our property which belongs to the house behind ours and their next-door neighbours have the right of way. Both dwellings bring all their refuse and recycling to the edge of the front plot (currently empty) that borders the public road, - a lorry could not even get up this private road, (which is also quite a steep slope) without great difficulty and it would be more time-consuming.

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