What to do if the neighbours prevent the demolition of our old barn and the construction of a new barn on the property line?

Questioner

Day, We would like to demolish our old worn-out shed (with asbestos roof) in the garden of our house and have a new shed built. The old shed also forms the fence with the neighbours and is on the property line. We have a house we own in the city centre and the neighbours rent the house from the housing association. We have already received a permit for the demolition and construction of a new shed from the municipality. Almost half a year ago we have neatly indicated to the neighbours and housing association that the demolition and construction is going to take place and have also asked whether we have to take things into account (although everything according to the law). Only we do not get 'direct' permission from the neighbours and contact is very difficult. Various direct attempts at conversation come to nothing and our emails are not answered by the neighbours. We offer everything, cleaning up from the neighbours, we take on all the costs of placing the entire new fence etc... but we do not get any further and we feel like we are being kept on a string. The housing association has tried to mediate but that comes to nothing and says they can do nothing for us and that we have to solve it with the neighbours. We were actually supposed to start construction in a month, but we are forced to cancel everything now (contractor, asbestos removal, permits, etc.) It is also said as an alternative that we can build next to the existing wall, but that is difficult and illogical because it is part of the barn with gate and its own back entrance. Then we would have to leave half a loose stone wall of the barn + a remaining rotten wooden fence (both well above 2 meters) and next to that build a new barn and lower fence wall? In addition, we unnecessarily lose a piece of garden/land, certainly seen from a small garden in the city center. Can the neighbors stop this or keep delaying it (regardless of personal reasons)? What are our rights/opportunities in this to make the demolition and construction possible? Thank you in advance. Yours sincerely

Lawyer

The wall on the boundary is jointly owned by both owners. If the owner of the neighbouring plot, as I understand it from you the housing development, has given you permission to demolish and rebuild, then you can get started. You can do most of the work from your own plot and to the extent that you need access to the neighbouring plot, the neighbour is obliged to cooperate. Of course, you are required to inform your neighbours in good time. It would have been nice if your neighbours cooperated, but their reluctance to do so should not be a reason for you not being able to carry out the work.

Questioner

Hi Marcel, Thank you very much for your answer. The housing association itself (owner of the neighbours' house) says that it is no problem for them that we are going to renovate (and they are very satisfied with our proposed building plans), but the housing association washes their hands of it and says that the tenant is responsible and that we have to get permission from the neighbours themselves. The housing association says that they have no say in the rights of the tenant and that we will have to fight it out legally with the tenant himself. That would be a great pity if we have to let it get to this point for something where we know in advance that we will be right in court. Or are we within our rights to simply demolish and build without permission and without legal consequences? Should asking for and receiving permission always be confirmed in writing?

Lawyer

Of course, it would be more pleasant if you could do the work in agreement with the neighbours. But if the neighbours refuse to cooperate or do not respond at all, it cannot be that they can frustrate this work. It is a pity that the owner of the neighbouring house does not want to make any further efforts; they can inform their tenants about your work and let the tenants know that they must cooperate. If you have written confirmation of the permission of the owner of the neighbouring plot, I would then limit myself to a notification to your neighbours. It would be a waste to first start legal proceedings for that. You do not actually need permission from the tenant neighbours, because their tenancy rights or enjoyment of the lease are not affected. The infringement of the rights of the owner of the neighbouring plot as (co-)owner of the wall on the property boundary are then covered by the consent of the housing association. If you wish, I can write to the neighbours on your behalf.

Questioner

Thanks for the extra info Marcel. I will approach the housing association again and present it again with this info. I will definitely keep your option of writing in mind. What would happen (next step) if the neighbors do not respond to the writing either?

Lawyer

As a lawyer I obviously have experience with these kinds of situations and we can formulate the notice in such a way that the chance of a lack of reaction by your neighbours is minimal. I therefore expect that they will respond to a letter from me.

Questioner

Well good to know, thanks. I'll definitely keep this option in mind if I can't solve it myself in the short term. Kind regards