Can my neighbor build a pool on his property without my permission, which affects my groundwater level?
November 3, 2022 | 40,00 EUR | answered by Nina König
Dear Law Firm,
My name is Ulrike Gehrmann and I am contacting you with a question regarding neighborhood law. My neighbor has recently started building a pool on his property. My neighbor's property is slightly higher than mine, and I am concerned that the pool could affect my groundwater level.
Already during the construction phase, I have noticed that the ground on my property is damp and puddles are forming. I am afraid that the construction of the pool could lead to a permanent increase in the groundwater level, which could damage my basement or foundations.
My neighbor did not ask for my permission before starting the pool construction. Therefore, I would like to know if he even has the right to build a pool that could affect my groundwater level without obtaining my consent. What legal options do I have to take action against the construction of the pool and ensure that my interests are protected?
I would be very grateful if you could inform me on how best to proceed in this situation and what steps I can take to defend my rights as a neighbor.
Thank you in advance for your support and advice.
Sincerely,
Ulrike Gehrmann
Dear Mrs. Gehrmann,
Thank you for your inquiry regarding neighborhood law concerning your neighbor's construction of a pool. It is understandable that you are concerned about possible impacts on your groundwater level and potential damage to your property. In such cases, it is important to know the legal options to protect your interests.
First and foremost, it is important to know that your neighbor generally has the right to carry out construction measures on their own property, as long as they do not violate applicable law. This also applies to the construction of a pool. However, they must ensure that they do not infringe on the rights of other neighbors, especially regarding possible impacts on the groundwater level.
In your case, it is important to determine whether the construction of the pool could actually lead to an increase in the groundwater level on your property and whether this could result in damage to your property. If you find that this is the case, you have various legal options to challenge the construction of the pool.
One option would be to first engage in a conversation with your neighbor and draw their attention to your concerns. Perhaps they are willing to take measures to minimize potential impacts on your property. If this does not lead to the desired result, you can contact a mediation center or a neighborhood law attorney to initiate legal proceedings.
Depending on the specific circumstances of the case, it may be necessary to apply for an injunction to temporarily halt the construction of the pool until the effects on the groundwater level are clarified. In serious cases, you could also claim compensation if it can be proven that the construction of the pool actually led to damage to your property.
It is advisable to seek legal advice early in such a situation to defend your interests as effectively as possible. An experienced neighborhood law attorney can provide you with comprehensive advice and assist you in enforcing your rights.
I hope this information is helpful to you and wish you success in resolving this matter.
Sincerely,
Nina König
Neighborhood Law Attorney
