Legal Assistance with Construction Problems - Legal Aid
Questioner
We have extended our home. With verbal consent, and adjustment of the extension at their request, the wall was built 10 cm on our side of the property boundary (later set out by the land registry). The neighbors now have problems with the fact that the new foundation of that wall is on their property, according to them the foundation protrudes 20 cm from the wall and according to us this is about 10 cm, (so I stayed on our property). During the construction we always had good contact with the neighbours, they watched daily. They also expressed their appreciation for the execution by inviting us for dinner when the extension was finished. After the wall had been in use for more than a year, they only came up with this complaint. Suppose we went 1 or 2 cm over the property line with the foundation, what is the case law in these cases? Shouldn't they have reported this earlier during construction? What is the practice where many walls are built against the property line? Can I assume that every resident of the Netherlands knows that the foundation is wider than the wall itself?Lawyer
The neighbors should have sounded the alarm earlier. The fact that 'they' were regularly present at the construction and never filed a complaint is also a form of acceptance. The fact that a kink has now appeared after a year does not change that. There is a judicial decision by the subdistrict court in Utrecht, concerning a fence that protrudes 10 to 15 cm and the complaint was declared inadmissible. ECLI:NL:RBMNE:2015:2604 If you wish, you may contact me without any obligation.Questioner
Suppose we actually went 2 to 3 cm over the property boundary with the foundation (this has still not been proven), can you tell me what consequences this could have for us, according to your experience in these kinds of cases? Both the ruling of a judge regarding what should happen, but also what the financial consequences (legal costs) could be for us? You wrote that we may contact you without obligation, for which we thank you. What form of contact do you mean by this, would you like to receive all letters/emails written so far about this matter and would you like more information on how I can send this to you?Lawyer
We would like to introduce ourselves to you. We are from the SBS6 television program 'Mr. Frank Visser Doet Uitspraak'. In this program, Mr. Frank Visser solves high-profile issues and conflicts. Mr Visser started the TV program 'De Rijdende Rechter' over 20 years ago because he believed that all people have the right to justice. And he still believes that! We have read your case and are wondering what the situation is now? We offer you the opportunity to discuss your case in our television program. If you are interested, please contact us.Neem de volgende stap
Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.