Cavity wall partly on neighbours' land

Questioner

We would like to expand. Now we have the cavity wall. We would like a smooth inner wall. Can we place the cavity wall partly on the land of the neighbors? The following is stated in our deed of easement: ESTABLISHMENT OF EASYSHIPS. The parties, acting as stated, declare further in order to ensure the total complex of which the plots form part, to be able to assess the construction situation that has arisen to create and continue to exist, hereby for the benefit and at the expense of the hereby purchased lot and at the expense and for the benefit of the lot(s) adjacent to this lot all located in the aforementioned building plan Veenendaal-oost in Veenendaal, part 'The Heirs 'to establish the following easements on each other (insofar as this is still the case did not happen): a. that of light and view, which means the authority to provide for the benefit of view from and daylight entry from the house onto the dominant property: at a shorter distance distance from the boundary line with the adjacent property than permitted by law to install and have windows or similar openings that provide a view on that adjacent property, but only to the extent that this arises from the currently existing construction plans and construction or specification drawings; b. that of drainage of rainwater and drips, by means of the construction drawings gutters, pipes and wells to be installed, including the obligation of the serving estates, if necessary, to drain the water from the roofs of the estates on the dominant estates to build buildings to receive; the intended facilities for drainage and collection must be adequately maintained by and at the expense of their owner; c. that of anchoring, bracing, superstructure and the like, which means the authority, installation, extension and overbuilding of existing foundations, beams, to have and maintain pipes and other construction facilities, on and in the attached buildings and adjoining gardens; d. which, with a view to being allowed to be present and remain present, maintain and, if necessary, repair and replacement of cables, pipes, manipulation boxes and solar panels in this case solar collectors, on or above the serving property; e. that of accession for maintenance and renewal, which implies the authority to remove the adjacent area if this is necessary according to the construction drawings to enter the property in the least onerous manner, if necessary with the necessary materials in order to be able to carry out necessary maintenance or renewal commit acts against one's own registered property; f. which legalizes the construction situation, including: the obligation of the owner of the servient estate to tolerate that in execution of the first approved construction (including offered expansion options of the home, even if these extensions are made after the first construction has been completed. any situations that conflict with neighbour and/or property law are created, maintained, maintained and, if necessary, repaired or renewed, such as anchoring, beaming and the like; g. which are still necessary to continue the construction and actual situation, containing: all such easements as affect the condition in which they exist plots of land with the buildings to be built on them are located in relation to each other or will be maintained, especially with regard to the presence of underground and above-ground pipes, cables for the purpose of telephone connections, the drainage of rainwater, gutter water and faeces (by sewerage works or otherwise) any beaming, anchoring and overbuilding, light and view, not including a prohibition on building or renovating, while these easements are not considered to be burdened by construction, multiple construction or change in nature or purpose of the dominant plots

Lawyer

Then I think you are referring to part f which also makes it possible to legalize building extensions on the servient property that are planned but will be realized later. These requirements must be met

Questioner

So if I understand correctly, I am allowed to place the cavity wall partly on the neighbours' land? Since an extension was an option during construction?

Lawyer

Yes, as I read it, yes. You could have the entire deed assessed in its entirety for a small fee. Please contact us via info@rechtinjestad.nl