Legal steps for fencing and covering neighbours

Questioner

We are having a house built elsewhere. Our future neighbour has placed a fence without consultation, which for a significant part, in some places more than 20 cm on our land. In addition, he has placed a canopy without consultation, one of the columns of which is 10 cm on our land. The retaining strips of the underlying terrace are 15 - 25 cm on our land. At the front, the fence is completely on his land. Our proposal was to move the fence completely to his land. We think the fence is ugly and he does not want a different and lower fence. In addition, we would like the canopy to remain in its current place. Moving it is expensive because of the poured foundation. The neighbor initially agreed verbally but now he is not doing it. He thinks moving it is too expensive. It is a woven screen with integrated poles. It means a new screen because the poles cannot be pulled. Can I now demand the relocation of the screen and possibly the canopy at the subdistrict court. What are the costs and the chance of success?

Lawyer

If you can demonstrate the boundary course on the basis of a boundary reconstruction by the Land Registry, the court will probably grant your claim. The law contains an 'escape': if the person who built across the boundary is disproportionately disadvantaged by a claim for removal, he can claim that he be granted an easement or that the land in question be transferred to him (for a fee, of course). Such a claim will only succeed if the person who built across the boundary cannot be blamed for this, or can only be blamed to a limited extent.

Lawyer

As my colleague already indicated. If you can prove that the neighbours have built over the property line, you or a lawyer on your behalf must give them written notice of default and request them to move and/or remove the goods within a reasonable period of time. If they do not cooperate, you will bring the case before the court. With sufficient substantiation, there is a real chance that the court will agree to this. If you require further assistance and/or advice, please do not hesitate to contact me.