Neighbor places air conditioning duct on property line?

Questioner

Can my neighbor install an air conditioning pipe on his own house wall directly on the property boundary that protrudes above my land/plot?

Lawyer

Placing an object on or over the property line can legally be seen as a form of neighbour nuisance or unlawful nuisance. According to the Dutch Civil Code, more specifically article 5:37 BW, an owner may not cause nuisance to owners of adjacent plots. This may not be done by spreading noise, vibrations, stench, smoke or gases, by removing light or air, or by depriving support. However, it may differ from case to case whether the installation of an air conditioning duct is actually considered unlawful nuisance. This depends on the severity and duration of the nuisance and the damage you experience as a result in relation to the interests of your neighbour. It is also relevant whether your neighbour has taken or could have taken measures to prevent or limit the nuisance. The answer to the question of whether the air conditioning line is only against the wall or also hangs over your plot (the property boundary) can also be decisive. In the latter case, there is overbuilding. Overbuilding is in principle not permitted, unless you as a neighbour have given permission for this (article 5:54 BW). In short, the answer to your question depends on several factors and is not clear-cut. In such a situation, it may be advisable to seek legal advice.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer