Sidewalk partially on own property

  • Erstellt am 2015-05-20 15:38:01

SirSydom

2015-05-20 15:38:01
  • #1
Hello!

On our property, we have about 36m of sidewalk. About 10m of it is directly asphalted against an old wall, which, however, does not stand directly on the border but about 20cm behind it. There is no further support, such as in the form of curbs. The wall was already demolished by the previous owner along with the house, except for the lowest, ground-level row of stones (these are apparently concrete hollow blocks). It looks pretty bad and needs to be fixed at some point.

If I remove the foundations, do I then have to provide replacement so that the sidewalk does not slip? Or does the municipality, as the owner of the sidewalk, have to do that? Would the municipality have to remove the sidewalk from my property if I wanted? (But I won't start a dispute with the municipality over 20cm! That would not be a good start...)

There is no easement of any kind. The land register is completely clean.
 

laemat

2015-05-21 16:01:40
  • #2
Write to the municipality to draw attention to the matter, propose an easement with compensation calculation, or demand a dismantling if possible. If it is asphalt, probably someone will come out and saw off the 20 cm :)

You have to provide proof of the encroachment (boundary determination) and afterwards claim the costs from the municipality.

For a detailed assessment, an on-site appointment would be necessary.
 

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