Legal questions about shared walls

Questioner

We are going to expand and would like to place the cavity wall of the extension on the property boundary. The neighbours agree on condition that they or subsequent residents are allowed to build against this wall. We would like to record this. On the internet I find different stories about whether or not this should be done by a notary. This would have to do with whether or not it applies to the next residents. Is a contract between current residents also binding for subsequent residents? The subsequent residents have the right to demolish or modify this communal property boundary.

Lawyer

A private agreement is not binding for subsequent owners. If you want to record the agreements properly, you must go to the notary.

Lawyer

Joint owners of dividing walls are already legally allowed to build on their half, a private contract will not change that, but it will if obligations are included to not do something/not to do something. These are then easements on the joint property.

Lawyer

If the cavity wall is on the property line, there is overbuilding (partly on the neighbour's plot) of the outer wall. In that case, an easement of overbuilding must be established. This can only be done at the notary.

Questioner

So without a notarial contract, a subsequent owner of the neighbor's house can demolish the part of the wall that is on his property?

Lawyer

If the cavity wall is on the property line, there is overbuilding (partly on the neighbour's plot) of the outer wall. In that case, an easement of overbuilding must be established. This can only be done at the notary.

Lawyer

In that case, a subsequent owner can demand that you demolish the wall and replace it in such a way that the outer wall is in front of the property boundary.

Lawyer

According to Article 62 Book 5, a dividing wall that: 'is owned by two buildings or works belonging to different owners and shared in common, is also jointly owned and shared. The extended cavity wall may therefore not simply be demolished.

Lawyer

Article 5:62 is not relevant in this case. If the cavity is positioned such that the outer wall is over the property boundary, the owner of the unlawfully built plot can demand that the wall be replaced, regardless of whether the cavity is shared. In practice, this will mean that the cavity wall must also be moved.

Lawyer

I assumed that the center of the cavity wall is on the property boundary, in which case it is a shared wall, otherwise the above argument applies.

Questioner

Aha. If the cavity wall runs right over the property line. (Both sides equally far over the property line, then it is automatically a shared wall? And can't this just be broken down by a next neighbor. And is a private contract with current neighbors sufficient for now? And if the wall thickness is more on our side of the property line, this is not the case?