There is a massive construction site (120 new flats) right in front our house. Don’t get me started about all the mess we have thanks to them.
Some 3 months ago, hard-hat men came in the morning, made a 1 long x 2 wide x 3 meters deep hole inside what is the perimeter of our land (removing even some large tree roots with a chainsaw, as the hole was made next to a tree on our property), installed something, covered the hole, and left. Without saying anything.
I happened to be at home, so I made a couple of photos; my hubby (who is Swiss) went to the construction company and complained – as the hole was made on our property.
They said ‘sorry, not us, it was Sunrise’.
We don’t use Sunrise. We have run behind them for months - to no avail.
My hubby doesn’t want to involve lawyers, so I told him that the solution was very easy – I would open the hole myself and remove whatever was installed. He had the brilliant idea of telling that to them (obviously pointing out that his ‘Trouble&Strife’ was very crossed, and very capable of undertaking it over the weekend). When they heard that, they immediately acknowledged that they had done it, and they will come next week to ‘talk about it’. I imagine that there are some connexions for the new building or for other houses, and they wanted to use our private pre-installation.
Of course, they have not even apologized.
Do you have any idea of what could we ask for compensation? Considering they didn’t ask for permission, they dag in private property, installed stuff on our property, and even maybe even used private property pre-installed resources?
And, particularly, that ‘inutilices’ for us that part of the terrain, as we would not be able to build on it in the coming n-years, so, the facto, they will usufruct it…
I think that you can tell them to put everything back the way it was before they trespassed on your property. Obviously they cannot undo cut tree roots but they can remove their property from your land and return it to its original state.
There are probably some rules allowing services people to access the grounds of properties to install said services.
They should have asked though though I expect as most properties are rented here, they usually get away with it.
We had a water leak in the mains pipe to our property. It’s our responsibility but the leak is actually on the driveway of a neighbour^s property which had to be dug up so a repair could be made.
I wonder what would have happened if they had refused access? I expect they would have been able to gain access anyway.
Rights of way, and where and to whom they apply, are specified in our property deed. So first thing to check is your Grundbuch entry. Then, as Tom mentions, ask at the Gemeinde Bauamt if there is a general right for utilities. There is one where we live, but IIRC only for necessary maintenance.
I cannot deny access, or object to them digging up the garden, when the utility compan exercises it’s right of way. However, the one time the utilty company needed access they sent a letter 'round a few days prior to entering our property. Not sure whether that is simply being polite, or whether it is required. (Or maybe the ‘Dogs run free in this garden’ sign on my locked gate had something to do with their polite approach…
If there is no general right of way, and none specified in your Grundbuch entry… perhaps contact the Hauseigentumerverband. Sounds like something they might have expertise with.
Don’t ask, have them make an offer. And of course refuse the first one calling it ridiculous because that’s what it will be. Plus, whatever you agree to, consider making it time-limited. Either way, include stiff monetary penalties in the contract (to be adjusted for inflation) if contravened.
Keep in mind that the installation is not stand-alone. It will require some kind of feed, probably cabling across your land. Nobody says that this will only be across the nearest border.
I’d have considerable problems with their approach of “don’t ask, create a new reality”. For obvious reasons, but also because it reverses the roles: Instead of them, you are now the supplicant. For this reason alone I’d be seriously tempted to report them for trespassing.
This is one of the few times I fully and utterly agree with Roxi.
Specially, do not ask. And the entire first paragraph of Roxis post.
My first reaction was also to report them for trespassing - and not only that, they actually damaged/changed your property. I still would report them in fact as this is not a naughty neighbour trick, they got enough lawyers to know all the laws they broke. Knew beforehand.
And the time limit on what ever is agreed on is important too! For what ever they infer from this agreement in future but also for who ever buys your house once you sell it. Punchline: Grundbucheintrag.
But I disagree with Roxi on one thing: You are not the supplicant.
And Izzy, dig that thing out what ever it is if they don’t sort this out to your fullest satisfaction.
