Costs for removing the neighbor's roof overhang. Who pays?

  • Erstellt am 2012-07-09 21:25:48

Hilaria

2012-07-09 21:25:48
  • #1
Hello,
our situation is as follows:

we are building an extension to an already existing semi-detached house.
The existing house has a roof overhang on the future shared wall which - logically - is located on our "property".

Now this roof overhang has to be dismantled or shortened so that our house can "connect".

Who pays for these costs now?
Our neighbor says it doesn’t concern him, we do not quite agree with this, since he actually extended beyond his property. Don’t get me wrong, we are not arguing, but we would be interested in how this matter is generally handled.

Thank you,
Hilaria
 

Der Da

2012-07-10 00:23:31
  • #2
How does a semi-detached house have a roof overhang on the "blind" side, meaning the side where another house is supposed to go later? Who builds such nonsense? Instinctively, I would say well said, Lion Neighbor, but he apparently has to demolish it and pay so that another house can be attached there. You simply can't build a semi-detached house in such a way that the second half can't be attached. But just my opinion, no idea what is legally correct.
 

Hilaria

2012-07-10 08:36:13
  • #3
Yes, exactly, that is how it is built and now the question arises as to who will pay for the dismantling. We also believe that this is actually the neighbor's responsibility, but we do not know for sure.
 

Bauexperte

2012-07-10 10:21:41
  • #4
Hello,


This does not happen as rarely as generally assumed; especially when a semi-detached partner is not expected quickly, the first builders often choose this option for aesthetic reasons. You will know at the latest when the preliminary site plan is created whether the neighbor has "only" built over the roof overhang or if insulation/render on the party wall still needs to be removed.


The neighbor seems to be a rather pushy fellow

The neighbor is the master of his property and thus liable to respect the building boundaries. If he does not do so – in this case the encroachment of the roof overhang – it is his obligation to restore the building boundary.

You can offer him that your roofer – against cost reimbursement – removes the encroachment and creates the proper connections. If he agrees, he should commission your roofer; your neighbor is obliged to carry out the dismantling! If he continues to be stubborn, give him the discreet hint that you will hand over the matter to the responsible building planning office or the approving department for clarification.

Kind regards
 

Hilaria

2012-07-10 10:59:04
  • #5
Thank you construction expert, according to the statement the existing insulation does not need to be removed. We also find it a bit bold, but as said, we do not want to start with disagreements right from the beginning, since we also depend a little on the goodwill of our neighbors. But the friendly note that it is actually their task and that we contribute for the access to electricity and water should be allowed. Thank you, Hilaria
 

bauhans

2012-07-11 15:28:11
  • #6
My parents-in-law therefore had a legal dispute with their neighbor. They lost in court, but I believe the case was somewhat different than described here. Unfortunately, you cannot have a reasonable conversation with all neighbors. And the father's diabetes forbids getting upset.
 

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