Can my neighbor drill a well on his property without my consent?
June 30, 2024 | 50,00 EUR | answered by Nina König
Dear lawyer,
I am writing to you because I am very concerned about a situation with my neighbor. A few days ago, my neighbor started drilling a well on his property. He did not take any consideration for me and did not seek my approval.
I am worried because I fear that drilling a well could affect the water supply in our neighborhood. Furthermore, I am concerned about possible damage to my property caused by my neighbor's well construction.
I have tried to talk to my neighbor about my concerns, but he has rejected any communication and claimed that he has the right to drill a well on his property without needing my approval.
Therefore, I would like to know from you if it is actually legally allowed for my neighbor to drill a well on his property without my approval. Are there any laws or regulations that prohibit or restrict this? And if so, what steps can I take to protect my interests and prevent possible damage?
Thank you in advance for your help and advice.
Sincerely,
Nina Eckstein
Dear Mrs. Eckstein,
Thank you for your inquiry regarding the situation with your neighbor who is drilling a well on his property without your consent. It is understandable that you are concerned and want to protect your interests. I would like to provide you with some information and advice on this matter.
In general, drilling a well on one's own property is allowed in Germany. A property owner has the right to drill wells on their own property, for example, to supply water to their property. However, there are legal regulations and provisions that govern and restrict well drilling.
In Germany, water law applies, which regulates, among other things, the drilling of wells. It is important to note that when constructing a well, certain distances to neighboring properties must be maintained to prevent potential negative effects on the water supply of the neighborhood. These distances vary depending on the state and can be found in the respective state laws.
If you are concerned that your neighbor's well drilling might potentially impact the water supply in your neighborhood, you should check whether the legal distances are being adhered to. If not, you could take legal action to demand compliance with the distances and prevent any potential damage.
I also recommend that you try to have a conversation with your neighbor again and remind him of the legal regulations and provisions. Perhaps an agreement can be reached on a voluntary basis to avoid potential conflicts.
If you have any further questions or need legal assistance, I am available in my online office hours. I hope that this information is helpful to you and wish you success in resolving the situation with your neighbor.
Best regards,
Nina König
