Legal Assistance in Construction Disputes


Questioner

A gutter of a residential house together with the lower part of the tiled roof protrudes about 90 cm over the property boundary. The owner of the house built directly against this (townhouses built against each other with all kinds of different heights and shapes) wants to add a floor to his house, but then comes across the gutter with part of the roof overhang above his property or building wall, about 90 cm in total. Of course, everything can be made, but if construction actually has to take place along that gutter, this will be a considerable additional cost for the construction, because a facade has to be built next to the construction wall (which is approximately 90 cm), which is anything but logical, and the outer cavity wall has to be made of stone, due to building regulations. The neighbour is clear in his response, he only does what he is obliged to do, because he voluntarily does not feel like having all kinds of workmen in his home, because honesty compels him to say that this is necessary for the adjustment. What legal action can in principle be taken to have the gutter and roof adjusted? so that 90 cm of space is not lost over the entire length when the new floor is built. Does the limitation period still matter in this situation? In the past, nothing has ever been recorded in a deed regarding overbuilding in this situation.

Lawyer

It is possible that a right (easement) of overbuilding has arisen through prescription (20 years of possession) with regard to the gutter, but enlarging the overbuilding by building an extra floor that also extends 90 centimetres 'over the border' does not seem to me to be part of the (possible) easement. In short, this is a matter that only seems to be able to reach a satisfactory conclusion if the two neighbours reach an agreement, for example to establish an easement for a fee that includes not only the gutter but also the additional floor.

Lawyer

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