Can a neighbour shut off my drains?

Accomodation, House and Garden
21
If you buy a subscription to Beobachter magazine you will get free advice. If I remember correctly the neighbour is allowed onto your land to a distance of 2 meters, to service or build his property. He can even store building materials on your land! You could go to a lawyer, but the subscription will be a lot cheaper.

22
I guess this means they are putting thier own drains in and not tapping into yours?

23
The obligatory distance to the margins of your terrain - Grenzeabstand - apply to the main building and secondary buildings - such as garages or sheds - and in certain areas even to trees and bushes over 1.5m.

It does not apply to pipes and cables.

As I have already mentioned in your previous thread, YOU NEED TO CONTACT THE LAND REGISTRY OFFICE - GRUNDBUCHAMT . You need to find out what has been approved to be changed for this working site. Also, the rules are different from kanton to kanton, and even from city to city. No one in this forum will be able to help you properly. Go contact the people who can actually give you the proper information!

In theory, if there is no other possibility, during construction, a neighbor might have to deposit earth on your terrain. However, this needs to be communicated not only to the neighbor but also to the town hall.

24
You can check the construction rules for Wallis here:

Raumplanungsverordnung

I do not know which Gemeinde you belong to. Go to your Gemeinde site and look for the Baureglement.

They are usually in Verwaltung > Reglemente > Bau- & Zonenreglement

Example for Agarn .

25
Rob 1 - no they still think they are going into mine.

Thank you so much all, for your very helpful answers. Bolstered by this information and advice I have been able to involve other neighours to insist on a meeting before any further work is undertaken.

26
I find this all very strange, about them dumping soil onto your side.

Usually, even to trim a bush, or weed, if one needs to step over the boundary one goes and asks permission to have ones feet on their piece of land!

For instance, with our own "neighbors from hell" we`d layed down planks of wood on the boundary to set our bamboo wall 25cm inside our boundary - and there were a couple nailheads on the edges sticking a bit out on their side. The neighbor called us and asked O/H to please hammer the nails all the way in as they were a danger to his small grandchild.

No way would he have even touched anything on our side of the boundary!

@ +- Chf 800 per sq meter - land is precious here, every centimeter is expensive and privately owned!

27
Remember:

A Good neighbor is better than a far friend.

Before going all legal on everything and everyone I would suggest the bottle of wine idea and see everything that is going on. Legal advice is likely going to be a loss of money for everyone (including loss of relationships)

1. Is it really that bad you have a bit of soil on your land? (which will be cleaned anyways)

2. Is it really that bad your wheels spin on the gravel (which is by far not destroying your gearbox) Ask the trucks to move when you get home. 9/10 they will gladly do so.

3. Is it really that bad to receive money from them to hook up to your system of which you will likely never know the difference.

The more you fight them and go put stops on building the longer you have all this crap happening to your driveway.

I am not saying to get screwed over by them but atleast give talking to them a shot

28
Anthony.

1) 15-20 Tonnes without permission? Yes I mind.

2) A heli is needed to take materials from the road uü to the house. Gravel on a steep slope does make a difference. Elderly neighbour has fallen trying to walk up.

3) There has been a change. Now we have to pay them.

All,

So, to a further thought...

I have a Durchfahrtsrecht (right to pass) but not Durchleitungsrecht (services). NN now wants us to pay him for establishing our Leitungsrecht. We fall short of the 30 year rule.

When the council grant permission to build a house, they then sign off the work. Then it is established that this is a house. Does that imply that they have established a right for that to be a house? Can NN later cut off the drains? This would make the house legally uninhabitable and therefore effectively revoke the Permit issued by the council. Was a right established and can someone later make you pay for a right? I look forward to some thoughts on this.

Also, should my lawyer have noticed that I did not have a Leitungsrecht (services right)?

29
and thats what happens when you get shitty with your neighbours, its comes back and bites you on the arse

30
Why would you think I have been shitty? For the first year of having material dumped on my land I said nothing. I think you should appologise.

31
LOL

(that is all)

32
The Notar who prepared the contracts for the parcellation of the property, or the sale of the property to you, should have ensured that services etc. (Dienstbarkeiten) were correctly entered into the property register.

As said in an earlier post, it would be good if this opportunity were to be taken to ensure that such rights are entered into the property register if this has not already been done. This works best if there in no acrimony between the three parties involved.

Unpleasant as it may seem, your best option may ultimately be to pay off the owner of the property through which your drains run.

Edit: Here is a quite a good summary of your rights to have services crossing your neighbour's property: (German) http://www.brunnenmeister.ch/fileadm...K09/Reg_02.pdf . As I interpret it, you can't be cut off but it appears that you may have to pay some compensation under some circumstances.