Resolving Neighbourhood Conflicts: Legal Advice

Questioner

Hello, my previous neighbor built on our house. Above our roof (we are lower with our roof, old house from 1935) so he built over the separation. Now we have water damage in our bedrooms because he didn't build the lead properly. The neighbors now say that he discussed this with the then wife (our house) at the time and that we now have no right to speak. We want the conversion to be removed, is that possible? Thanks in advance, greetings P.

Lawyer

Your question is incomprehensible in this form. I do not understand what it is about. Perhaps you can clarify the situation a bit? When did you buy the house and did you ask the municipality whether a building permit had been issued? Does the purchase agreement contain anything about the situation?

Questioner

There was a good finding in the past (in the 60s) between the previous owners. Our purchase contract does not state anything about this. The neighbor's house has been re-clad with a wall of yellow bricks all around. The side wall of the neighbors rests on our roof. The facade is worn out, the lootlap has not been placed properly, causing rain water to seep into the interior wall of our bedroom. The neighbours' facade was cracked in several places. Can we claim here that the cladding resting on our house (roof) must be removed?

Lawyer

If the current situation already arose in the 1960s, it is high time that a good arrangement is made for this (building right or easement). I do not think that you have the possibility to withdraw the permission that was granted in the 1960s. You will have to have very special reasons for that. Nuisance in the form of leakage is not enough. However, you may expect the neighbours to adjust the structure in such a way that the inconvenience for you is eliminated. It is reasonable that the neighbours bear the costs of this. What could help is that you, together with the neighbours, commission a construction firm to investigate the situation and provide repair advice. Depending on the cause of the problem, you could then discuss the division of the costs.