The hammer and ladder right also applies to earthworks on neighboring properties. This means that, under certain conditions, owners have the right to enter neighboring properties and place ladders or construction equipment there, for example. This is the case if necessary construction or repair work has to be carried out on your own property from the neighboring property. The prerequisite for this is that the work cannot be carried out from your own property. This is the result of a ruling by the Cologne Higher Regional Court (AZ: 18 U 17/20).
In a specific case, a building owner was permitted to temporarily create an excavation pit on the neighboring property to underpin the foundation of his garage. This permission was granted due to the need to prevent structural damage to the building that could not otherwise be repaired cost-effectively.
However, the ruling also states that the neighboring property may only be used under certain circumstances. The necessary measures must affect the structural integrity of a building. Furthermore, the hammer and ladder right was not intended for purely aesthetic improvements. Owners must clearly communicate the conditions of use and the associated restrictions to the affected neighbor and ensure that the work complies with legal regulations.
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