{"product_id":"vragen-47230-onze-tuin-ligt-op-een-natuurlijke-heuvel-de-afstand-tussen-ons-huis-en-de-erfgrens-is-10-meter-en-l","title":"Legal position in case of garden problems and easements","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Our garden is situated on a natural hill. The distance between our house and the property boundary is 10 metres and in these 10 metres it decreases by approximately 2.5 metres. The garden of our neighbours behind us is then another +\/- 2.2 metres lower. This garden was dug out at the time. Our garden therefore still has the original slope.\n This height difference was bridged with a brick wall that was attached to the barn of the neighbors. This was also on their land. It stood for about 3 meters against the property boundary and the remaining 7 meters stood +\/- 3 meters in their garden.\n They demolished this wall and replaced it with a wall of stacked blocks.\n They did this approximately 20 cm lower than the original ground and between 5 and 30 cm on our ground over a total of +\/- 10 meters.\n\n The municipality wants to see a permit for this wall. In response, our neighbors have indicated that they will tear down the entire wall and demand that we dig up our garden.\n \nNow you should know that there are trees here with a diameter of 40 to 120 cm.\n\n What is my legal position in this?\n\n Personally, I believe that I should be able to use my land as before.\n So I should not suffer any consequences from the fact that my neighbor behind me is digging up his garden, etc.\n\n thanks in advance for your response\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n If you have not adjusted the situation in your garden (raised it) and the neighbours have removed the wall that bridged the height difference between your garden and theirs, you cannot be expected to dig up your garden to bridge the height difference. Of course, you also do not have to accept that the new wall is built on your land over a length of 10 metres, 5-30cm.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your response.\n We haven't done anything to our garden.\n On what grounds can we refute this? Can this, on the basis of article 37 BW 5 'the deprivation of support' in this case deprivation of support to higher grounds? \nIs this enough to oblige the gentleman to build a new wall or place a natural slope?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Article 5:37 BW in combination with article 6:162BW apply if damage occurs to your plot (erosion or the like). You cannot demand in advance on the basis of this article that your neighbours rebuild the wall that, as I understand it, was entirely on their land. Of course, you can inform your neighbours in writing that you believe that what they are realising on their plot threatens to cause damage to your plot, for which damage you hold your neighbours liable in advance. In the context of the formation of evidence, you would be wise to record this on film.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n In response to your answers, I have formulated the following to offer as a letter to my rear neighbors.\n Are there things in here that I'd better not say?\n \nOn Friday 5 February 2016, you started to remove the existing retaining wall that was on your property, together with your shed. (see appendices 1 and 2) Based on article 174 paragraph 5 BW 6, it is assumed that you are the rightful owner of this building and are therefore also liable for all (consequential) damage that will be inflicted on another person from the existence or non-existence thereof.\n\n This retaining wall, of which this shed was part, was erected to justify the excavation of your garden and thus provide support to the overlying soil in order to prevent damage and erosion\/subsidence of soil on your own property and neighbouring property.\n Simply removing this would, to some extent, cause direct nuisance to the neighbouring property, as stipulated in Article 37 BW 5. This nuisance would be removed by the proper structure to be re-erected by you, which would serve as a replacement for the removed retaining wall. \nBy further excavating your land up to the property boundary, the above-mentioned hazard and nuisance has been extended to the full width of +\/- 10 meters.\n\n Now that you indicate in your letter of 15 May JL that you wish to refrain from this relocation, there is direct nuisance and even danger on the basis of article 37 BW 5. The land has been deprived of this necessary support from adjacent land or substitute in the form of a retaining wall from the property boundary.\n From now on, and for as long as this nuisance continues, I hold you both jointly and severally liable on the basis of Article 162 BW 6.\n\n I hereby reject all liability mentioned in your letter dated 15 May 2015, now and in the future, on the basis of Article 38 BW 5.\n \nBy 1 July 2016 at the latest, I would like to have full access to my immovable property as described in Article 20 BW 5 in order to be able to create a proper boundary fence a few centimetres from the boundary of my property at the ground level as it was before you started digging here.\n\n The solution 2 proposed by the municipality to bridge the difference in height, if you do not want to place a new retaining wall, can certainly be carried out from your property as the\n bridging height is around 2.20 meters, slope may not exceed 45 degrees and the original retaining wall was located +\/- 3 meters from the property boundary on your property. So by simply undoing your excavations you can undo the above-mentioned nuisance.\n You are of course free to make your own choice here.\n \nIf you still wish to proceed with the installation of a new, proper and complete retaining wall, I require that it is built entirely on your land, is at the height of the natural slope of nature and is approved by the municipality so that it is safe for both parties.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The content of your text is clear. You do not need to mention the articles of law; I would leave them out. I advise you to ensure that you have proof that you offered the letter. A registered letter is still the best means for this. For example, you could send the letter by registered mail and also send a scan of it by e-mail with a request for receipt and read confirmation to your neighbors.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55017143075165,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-47230-onze-tuin-ligt-op-een-natuurlijke-heuvel-de-afstand-tussen-ons-huis-en-de-erfgrens-is-10-meter-en-l","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}