Legal Advice on Easements and Extensions

Questioner

In 2 weeks our new house with extension will be delivered. The extension goes a bit over the property line of the neighbours, but that is all sealed in the purchase contract. Now our neighbours want to build an extension themselves after completion. They want to strip the side wall of our extension, so that they also have a straight inner wall. Can they just do this or do they need formal approval from us? And are we within our rights to ask for compensation for stripping our exterior wall? Thank you in advance,

Lawyer

You indicate that the purchase agreement (and I assume also the delivery agreement) contains a provision regarding the extension. The answer to your question depends on the content of this provision.

Questioner

I have taken a look at my purchase and construction agreement, but to be completely honest I do not understand much of it. We had this explained and signed in September 2015, but now I really have no idea what I am reading. It says: 2. The easement of ownership and retention Containing the obligation of the owner of the servient property to tolerate that, during the execution of the building plan existing at the time of passing the deed of transfer, a house to be built on the dominant property may have been partially built on the servient property, or may protrude above it, or the cuttings of the foundations or the pipes belonging to the house in question may have been partially installed in the servient property, including the foundations for a future extension of the house in accordance with the additional work option list, as well as the overhangs of the dormer windows; 3. The easement of inbalancing and financing Containing the obligation of the owner of the servient property to tolerate that, during the execution of the building plan existing at the time of passing the deed of transfer, beams, anchors, etc. of a house standing on an adjacent plot are installed in his plot; - the easement of having buildings according to the additional work option list: Which is established and accepted for the benefit and at the expense of each other of adjacent building plots, containing the obligation for the servient estate to tolerate that the purchaser of the dominant estate realizes one or more of the alternatives listed in the buyer's choice list and/or indicated on the site plan after delivery of the building plan, provided that the following conditions are met: A. The construction works are completed within 10 years after the first delivery of the house on the dominant property; B. The construction works will be carried out in accordance with the additional work opportunities offered by the contractor during the mourning period and for which the contractor has already made the preparatory arrangements during the construction period.

Lawyer

The text you quoted does not appear to be entirely correct, partly as a result of the autotext. If the extension that the neighbours want to realise is part of the list of additional work options offered by the contractor/developer, then the neighbours can realise this extension and use your external facade for this in the manner you describe. However, it must concern an extension that is realised entirely in accordance with the additional work options. In that case, this may be done without your permission and you are not entitled to compensation. However, if the neighbours realise an extension that deviates from the additional work options, then this is not possible without your permission.