Neighbors' air conditioning hangs above our land


Questioner

My neighbors have air conditioning in their house, the connection is attached to their extension but above our ground. We never said anything about it, but now their house is for sale, so I thought it would be a good reason to do something about it. I already asked them but still no response. What are my options to do something about this? Before new neighbors move in.

Lawyer

It is indeed important to resolve this issue before new neighbors move in, to avoid future disputes. From a legal perspective, it is important to know that placing an air conditioner above your land can be an infringement of your property rights. In the Netherlands, this is called the 'right of accession'. According to this right, everything that is connected to the land by accession also becomes the property of the owner of the land. One option would be to send the neighbours a formal written request to move or remove the air conditioner. In this letter, state the possible inconvenience the air conditioner is causing and indicate that you expect them to do something about it. However, keep in mind that this may take some time, especially if they do not respond immediately or do not agree to act on your request. If they refuse to take action or do not respond within a reasonable time, you may consider taking legal action. However, it is advisable to seek legal advice, perhaps from a lawyer specialising in neighbour law. It is important to realise that every situation is unique and that taking legal action may also have disadvantages, such as potentially deteriorating relations with neighbours or the costs associated with legal proceedings. The best course of action may be to maintain an open dialogue with neighbours and seek an amicable solution that is acceptable to both parties.' ---------------- 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 I would like to invite you to rate the above answer so that we can learn from your response.

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