Assistance with neighbourhood conflicts and building rights

Questioner

Within a few days, our 3-metre extension on the garden side will start without a permit. Our neighbours on the left immediately put up a fence the following week after we verbally communicated the extension plans. Now he refuses to remove it temporarily when the wall has to be built for the extension. He does not want to look at our extension and, according to him, he is allowed to refuse because it is his garden and land that must be used. In short, is he allowed to refuse or is he obliged to cooperate and temporarily loosen the fence for the mason when the time comes? Do I have to go to court for this?

Lawyer

There is such a thing as the right to use a ladder. This means that neighbours must give each other the opportunity to enter each other's garden if this is strictly necessary for carrying out work. This must be done in a way that causes as little inconvenience as possible. I cannot judge whether this is also the case in your case. Can the wall also be built from your side and is it only necessary to enter the neighbour's garden to be able to finish it neatly? The actual circumstances are important in answering the question of whether the neighbours must cooperate. The question is mainly whether it is really necessary for the mason to enter the neighbour's garden. If you have any questions, I would be happy to hear from you.

Questioner

I did indeed inform the neighbour of the right to ladder (neighbour right) but refuses all cooperation. Access to his garden is necessary to be able to build the wall and above all to point it. His answer was that it would then just remain unfinished. He said that he had also done his homework and that he has the right to refuse cooperation because it is his land and his garden, over which I have no say. In order to still have the wall placed I need advice on what to do if he continues to refuse. In other words, how do I make it clear to him that he may not refuse? Or is that only possible through a court decision? Because the fence has been placed against the property boundary by them, there is no longer any space to build the outer wall of the extension in the normal way. I can send photos if necessary.

Lawyer

If the neighbour continues to refuse, you could try to increase the pressure by sending a formal registered letter stating that it is necessary for you to enter his garden for a short period. Of course, you know the neighbour better than I do, but if such a letter is written by a lawyer, it may well produce results. However, some people will then dig in their heels and the right thing will backfire. Incidentally, there is some discussion about whether pointing is strictly necessary. It is sometimes judged that pointing is mainly aesthetic and therefore not strictly necessary and that it is indeed up to the neighbour whether he wants to look at an unfinished wall.