Built over the property boundary, so demolish again

Blogs Jaap van Beijsterveldt Real estate, Construction & Environment
In a case that served before the North Holland District Court involved the question of whether an extension should be (partially) removed because it is 11 inches on the neighbor's property. The answer is "yes.

Overbuilding = demolition

Property is the most far-reaching right a person can have over a thing. If someone's property right is infringed upon, it should be properly recorded so that there can be no misunderstanding. The neighbors had entered into an agreement stating that the exterior wall of the addition to be constructed could be located on the property line. That agreement does not state that building over the property line is allowed. It is therefore an illegally built extension. In principle, demolition will follow.

Possible remedies to prevent demolition

In order to prevent demolition, an appeal is made to Article 5:54 paragraph 1 of the Civil Code. Pursuant to this article, an owner of a building partially built on someone else's plot may claim that an easement to maintain the existing condition be granted to him against compensation if he would be disproportionately disadvantaged by removal of the projecting part than the owner of the plot would be by maintaining the projecting part. It is also possible to opt for transfer of the piece of land on which the overhang has taken place. The court rules that there is no disproportionality because the cost of modifying the overhang is approximately € 10,000. The amount of that sum is not such that modifying the extension is disproportionately burdensome. It is also important to note that the choice was made to build on the neighbor's plot without making clear agreements beforehand. In an attempt to prevent demolition, an appeal was also made to Article 3:13 of the Dutch Civil Code, or misuse of rights. However, the court ruled that it had not been sufficiently demonstrated that this was the case. Especially in light of the fact that ownership is the most far-reaching right a person can have over an object.

Slots sum

All things considered, the court ruled that the extension must be removed within three months, insofar as it concerns the portion standing on the neighbor's land, on pain of a penalty payment.   Would you like to know more? Then please feel free to contact Jaap van Beijsterveldt or any of the other members of the Property, Construction & Environment section.