{"product_id":"vragen-59370-19-jaar-geleden-met-de-oplevering-van-onze-woning-gelijk-met-buren-wederzijds-hebben-wij-een-schut","title":"Help with neighborhood disputes: legal solutions","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \n19 years ago, with the delivery of our house, together with the neighbors, we placed a fence. However, during the first storms and rain (water could not drain away), the fence fell over. It was just a swamp. The poles were then fixed in concrete. A few months later, the contractor laid drainage. Now our \"difficult\" neighbor claims that he saw the concrete for the first time last year and is taking us to court to remove this concrete on his side. In the meantime, our fence has been destroyed by his overgrowth with, among other things, laurel bushes of approximately 5 to 6 meters high and soil against our fence at a height of 40 cm. Fortunately, we still know the name and address of our help at the time, who also wants to prove that he knew about it at the time but could better use the money to make the house ready for habitation. This fence is on our land, he also did not pay anything for the fence, this in contrast to the neighbor on the other side who paid half for his side, and that side is still in excellent condition. He also planted 3 conifers, 50 cm from the property line, but in such a way that the view at the bottom of our driveway is obstructed to see pedestrians etc. coming. These conifers are now also 5 to 6 meters high.  \nDoes he still have a chance to have us remove this concrete and do we still have a chance to have these conifers removed?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n If both facts (concrete pouring of fence and planting conifers) occurred less than 20 years ago, your neighbor can demand removal of the concrete of your fence foundation (the fence is on your property, if the fence was on the property line, the foundation may not be removed), but you can also demand that the neighbor removes the plants that he is allowing to grow against your fence and the conifers. Demand removal in writing before 20 years have passed!\n\n It seems to me that it is in both of your interests not to litigate about this, but to make good agreements by mutual agreement.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your quick response.\n Does this removal of concrete also apply if you can prove that he approved of this?\n I don't have that in writing, but the help from back then is willing to confirm this. \nThe tall vegetation has now been removed, but our fence is completely out of plumb.\n Fortunately, we took pictures of the old situation and the elevation of the ground of about 40 cm. is still against our fence.\n Can we not claim compensation for the destruction of our fence?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n That depends on what is 'approved'. Only if you can prove that your neighbour has unreservedly approved that you could use his property to build your fence, then you could succeed in holding him to this agreement.\n \nI estimate that the damage to the fence has occurred gradually over the years and that you were aware all this time that the neighbour was growing plants against your fence. If this is the case and you have never demonstrably objected to this, a claim for damages is not likely to succeed. However, you can demand that the neighbour removes the elevation of his land on your property and you can hold him liable for damages that you suffer if he shapes the elevation on his own property in such a way that you are inconvenienced by it, for example due to drainage problems.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55004952985949,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-59370-19-jaar-geleden-met-de-oplevering-van-onze-woning-gelijk-met-buren-wederzijds-hebben-wij-een-schut","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}