My house was built in the 1980s together with that of the neighbour to my left (LHN). We both share a drainage system which goes down the drive to the main road. A couple of years ago the land to the right of my house was sold and the owners are building a house. The driveway ownership is divided into 3 as it crosses first my LHN's land , then mine and lastly as it joins the highway, the new neighbour's (NN) land.
The builder had approached me a couple of months ago about the possibility of joining my (and LHN's) drains. He said there would be a contract and a payment. There is nothing to stop the NN puting his own drains in as his land ajoins the highway but it would be more expensive.
When work on the house began 18 months ago, the NN put a covering of concrete over the part of the driveway (it is cobbled) that is on his own land and loose stones which mean that my gears burn every time I enter my home because they have effectivley made the entry much steeper than before and the car slips on the stones. They did this to create a flatter part higher up for their lorries to stand on. Some 50 times they have parked lorries there, thus blocking my access to my garage, without giving me or LHN any warning. I told the builder that I would not discuss the drainage situation until the loose stones and concrete are removed since they are no longer necessary to the building work (the house structure is complete).
I was away last week and recieved notification that the NN was joining my drainage system the following day. I wrote quickly to say that I had not been asked and did not give permission.
The builder just came round to say that if I refuse, they will cut off my drains since the pipes go along the driveway to the main road and are in the part of that driveway owned by the NN. He says the NN is within his rights to cut off my drainage (and that of LHN). He says they will not be removing the concrete on the driveway.
Is this correct about the drains? I would have thought that since the previous owner who sold NN the land would have consented to the drains crossing his land, a later buyer cannot simply close down other people's drainage that has been in place for over 30 years. The builder said, check with a laywer if you don't believe me.
For an initial appraisal, go to commune and ask for building registry, they will tell you what was legaly agreed and when it was agreed and with this you have your foundation. If drains have been in place 30 years then you have certain rights, you NN has no right to connect to your drain unless of course it is running through his land.
It is far to complex to answer here, you need professional advice, or grin and bear it, they are the two options available.
I can understand you being annoyed about the parking, hassle during buidling, etc- but why would you want a new house NOT being able to access the drain? What do you expect them to do? I think if you ask the Commune/Gemeinde, they will tell you the drains are part of the village infrastructure and you have no choice in this matter at all.
However, I would expect them to make good any damage to the drive and restore it to its proper state.
As said above, it's just impossible to give an answer on EF on such a complex issues.
A friend has just gone thru this with a neighbour, shared access etc is ALWAYS a bad idea but that aside for drains neighbour wanted 70k to allow them to connect to the system. To put in a new system well over 150k.
Said neighbour also wanted 30k to allow the trucks to cross his land to get access to the building site.
Its all about the money and capacities of the drain. If they are being difficult now i would hate to think what they will be like if the drains need work or further issues with the drive way.
There needs to be a property drawn up contract otherwise you are just asking for problems.
I am annoyed about the damage to my car gear box. This has a financial cost for me. For a year I have not been able to turn into my drive, I have to go up the road and turn the car around to make a run up possible. This takes up one hour a week and means I spend more on fuel.
They can join direct to the drain owned by the commune. This is some 3 metres further down from where they want to join my drain. If they join the commune directly I assume they will have to pay a fee. Bullying me seems to be a cheaper option. Although, if they cut my drain, they will also need to cut LHN's drain too.
Honestly, don't ask here, go to the Gemeinde and then get legal advice. But with the Oberwallis builders' mafia, it is not easy- probably in cohoots with the authorities too
what damage do you think its done to your car?? the trouble with these kind of disputes is they escalate very quickly, the only winners are the lawyers.
which is exactly who you need to see now, not post on the internet
- Does the house belong to you, or are you renting?
- Did you sign anything?
- Did LHN sign anything?
The NN cannot close your pipes out of the blue. When you have situations such as this, where cables (such as those for Cablecom/ Swisscom/ Electricity) or pipes (Canalization and Water) go through the terrain of the neighbor, there is an entry on the Grundbuchamt (Land Registry) to allow this. Meaning, the Grundbuchamt has an entry saying LHN pipes can go through your terrain then NN, then yours can go through NN to connect to the public sewer system. For a house to be considered "habitable" by the Gemeinde, your sewage needs to work.
When changes need to be done because of a reconstruction, modification or new construction, these changes need to entered in the Registry. And all parties need to agree. Meaning they can't have changed it without notice to you, if you are the owner of the middle parcel.
Call the Land Registry. Check what info they have. Then contact a lawyer.
Elderly LHN agrees with me but will not speak out and is certain that a payment for the connection will be paid at some later date because that is 'the way it should be'.
So that's what a stop work order is called in CH......
I had a person ignore one of those I issued, so naturally I brought them before the courts and ended up with a civil undertaking against them, had to leave the property untouched for 4 years
I agree with the previous comments which recommend seeking professional legal advice, however, I would add the following:
You should try to see the 2 problems separately . . .
1. The inconvenience of the (temporary) restrictions on your use of the shared driveway.
2. The new neighbour's wish to make a connection to the drainage pipe, serving your property, which runs through his property.
Your attempt to join the 2 issues will not help to get the best solution.
Your rights to use the shared access for vehicles should already be registered in the Property Register (Grundbuch) which is maintained by your community. If these rights are significantly infringed, you should attempt to discuss it with the owner of the new property. Ultimately, you can seek compensation.
It is the same with your drainage pipes which cross the neighbour's land. These should already be registered in the Property Register as an easement (Dienstbarkeit) and as such your neighbour can not interfere with them.
In your situation, (a) I would probably have no objection to the new neighbour connecting to the pipes which cross his land and (b) I would probably try to use the opportunity now to ensure that any rights concerning all three properties (Access across a shared driveway, Pipes/services crossing a neighbour's property etc. ) are correctly entered into the Property Register to minimise the chance of any future conflict.
If you have legal protection insurance, you will almost certainly find the disputes between neighbours are either explicitly excluded or are capped at some very low sum.
You can also phone the local Notar where the Grundbüche are kept and ask about the drain situation - if they are entered into the G/büche and what it says.
We were amazed to not have to pay for this information, that was readily given over the phone - when we had a neighbor/drain dispute.
I have heard that the "30 year uninterrupted access" cannot be later denied, also applies in CH. Hence the little meandering walk lanes between houses that still exist.
Horrible situation I agree, to have with a neighbor. Maybe taking over a bottle of good wine and asking for a discussion to solve the problem, might work? The Swiss love to discuss things (usually, unless yours are related to my neighbors )
STEP 1: Contact your legal insurance if you have one and ask for advice and report the insurance claim.
STEP 2: Call the Valais Land Registry and give them the relevant parcel numbers. They will confirm the rights of access, passage and use of drains, water etc as it WILL ALL BE WRITTEN THERE, if it is not there then you will have to pay.
STEP 3: Depending on answer to step 2 contact your legal insurance again or contact a lawyer.
I came home to find that the neighbours have put in sewage, electric etc. pipes and cables along their border with my land. I have not measured but the distance from my border to their pipes is problably no more than a few inches. In the process of digging the trench (which seems perhaps to include a narrow band of my garden) they have put all the soil on my side, over my land along perhaps a 15 metre distance.
Apart from not having asked my permission to deposit soil on my garden, it occurs to me that if they ever have to dig up these cables and pipes, it would mean digging into my land (again).
The question is: do the rules about Grenzabstand relate to buildings only, or to pipes as well?