Escroda
2021-05-08 08:15:50
- #1
So the wall stands about 50cm on your colleague’s property? How thick is the wall? How high is the wall? Is it clear whether soil was dug out or filled in? Which property is higher?The plot is 780m2
Your colleague bought the entire 780m² two years ago and now wants to divide it roughly in half?that is being divided to build 2 semi-detached houses.
That depends on how the plot was described and shown. If your colleague did not have the boundary line shown during the inspection, then that is his problem if he plans only based on the cadastral map without taking any measurements on site. For a solid retaining wall, it is hardly a hidden defect.And “bought as seen” does not exist in case law, so why for a plot of land?
Is there a development plan? Was the wall subject to approval? If yes, is there an approval? Was a structural stability certificate required? Is it available? Was the filling/excavation subject to approval? If yes, is there an approval?What facts would be needed to evaluate this better?
But probably only an excerpt from the cadastral map and not a surveyor’s site plan with topography (heights, slopes, walls, fences, protected trees…).A plan of the property was given at the time of purchase
Since this is a bit like a game of telephone (facts, colleague’s story->tomtom79, tomtom79->forum), the exact sequence is hardly reconstructible here. It could be that the seller deliberately deceived, or that your colleague was too careless.At least the planning is useless.
No. The boundary has not been moved. Your colleague owns a plot with a retaining wall. If he is unlucky, he is also responsible for its maintenance. If the neighbor admitted to having built the wall, your colleague should urgently get that in writing.But is a letter really enough to move a boundary?
No. If all parties pretend not to know and no documents surface, the wall, as a fixed structure, is part of the property and belongs with all rights and obligations to your colleague.That the seller did not pass on this letter should definitely hold him liable.