Main water pipe through our garden - overbuilding?

Significant damage for what reason? That you can't plant giant trees?

The affected area is no longer buildable. It is no longer considered building land.

Just asking plainly: do you know for sure that this pipe is exactly where it’s supposed to be? Not that clerk Schmidt somehow made a mistake and it’s actually somewhere else or runs differently. Especially with such old plans, that can happen. Maybe there is actually no problem?

We also have a water pipe on the property (registered in the land register) and had to move the house about 10 meters backward because of it, only to then find out that the pipe lies nowhere near as far on the property as shown on the plans.... It wasn’t a big deal for us with a 60-meter property length, but it shows how inaccurate such plans are.

Have you tried asking the water supplier otherwise?

We also have a water pipe on the property (with registration in the land register) and had to move the house about 10 meters back because of it, only to later find out that the pipe does not lie nearly as far on the property as shown in the plans.... It wasn’t a big deal for us with a 60 meter long property, but it shows how inaccurate such plans are.

Have you tried with the water supplier otherwise?

The water supplier is the municipality.

We have already dug up the property quite a bit. It is exactly where it is marked. From my point of view, it does not necessarily have to come out there, but if I want to plant a tree nearby now I don’t want to get into trouble. I have no problems with the other pipes, only this main water pipe is a nuisance because it simply runs across the garden.

The affected area is no longer buildable. It is no longer considered building land.

If the OP wants to build a new house exactly there, it falls under the point you mentioned and the municipal utilities will remove or relocate it free of charge. You are absolutely right about that. But not for a few trees...

We would like to plant one or two apple or cherry trees or even build a garden shed. None of this is possible because the line basically occupies half the garden. I can provide the plan later.

Most fruit trees, as far as I know, including apple and cherry trees, are not deep-rooted but shallow-rooted. Please check Google again just to be sure. With shallow-rooted trees, there should be no problems. And a garden shed is also not an obstacle, as long as you are not placing a luxury log cabin there.

Have you received a concrete rejection from the municipality? Who did you speak to? The municipality itself has relatively little say in this matter. The utility company is the right contact.

I will check this evening if I can find anything in my documents regarding this.

With a line that goes through my property without an easement?

Yes... Negligence is negligence.

From professional experience, I can tell you that it is not uncommon for trees to stand on utility lines. The lines usually lie about 0.6–1 m away from the property on the sidewalk, and if you drive through residential areas and look at how many houses have trees, shrubs, beds, etc. between their house/sidewalk/street, you also know how many of those stand over utility lines.

Sometimes it’s better not to know everything.

Maybe your grandpa got the property for free because of that? Who knows?
I would also go for shallow-rooted plants or keep some distance.

Or is it about the principle now, stubbornness? That would be bad.

maybe your grandpa got the property for free because of that? Who knows?
I would also go for shallow-rooted plants or keep some distance.

No, he paid normally. The municipality got a small part of the property for a road for free.

Yeah... negligence is negligence.

Or is it negligent to operate a water pipe on private land without protection? After all, it is my property. The municipality or the water supplier has to expect that trees might be planted in a garden.