What rights do I have with regard to the demolition of a shared shed on the property boundary?


Questioner

Hello, We have lived in our own home for 13 years and our neighbours have lived in their own home for more than 30 years. Now there is a shed that is divided in two and of which we both use our own part. This shed has also been standing for more than 30 years. Originally this shed was completely on our land, but because it was divided, the property line has shifted in favour of our neighbours. Now the shed is in very poor condition, almost dangerous. We want to demolish this shed because we do not use it. The neighbours do not want this. We have no need to restore the property line and are fine with the neighbours rebuilding their part of the shed in the same way. When we bought this house, we spoke to the neighbours, they did not want to cooperate at the time. Now we have also been in talks for the past 2 years and they agreed to cooperate 1.5 years ago. We helped them find someone who can rebuild the shed. Up until now, no appointment can be made about the start of the demolition of the barn and we have the idea that we are being strung along. We would very much like to know what our legal position is and whether we are within our rights to demolish this barn. Thank you!

Lawyer

Your neighbors have already agreed to cooperate in the demolition. But according to the law, they must also cooperate in the removal, restoration or renewal of a joint property. Perhaps there is another reason at this time why your neighbors are not yet cooperating? In any case, there are binding agreements in an agreement that was verbally established during the discussions.

Questioner

Thank you for this answer. May I ask what the logical next step is for us? On what grounds (other than the verbal agreement) should they cooperate? We obviously want the verbal case to be lifted, but how do we know whether they should cooperate in lifting, reinstatement or renewal? Thank you for your help! Kind regards, Nicole

Questioner

Thank you for this answer. May I ask what the logical next step is for us? On what grounds (other than the verbal agreement) should they cooperate? We obviously want the joint business to be dissolved, but how do we know whether they should cooperate in dissolution, restoration or renewal? Thank you for your help! Kind regards, Nicole

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