Water supply from the neighbor over the property

Hello dear forum,

we recently bought a plot of land that was divided and then sold by the seller. According to the notarial deed and verbal agreements, it is considered an "undeveloped plot". During our construction preparation, it was noticed that the water supply from the seller's house runs over our property.

The seller now wants to retroactively register a right of way for the pipe in our land register. Of course, we do not want that, as it represents a depreciation of the property for us.

I see it as him having had to check these matters _before_ the sale and not afterwards. So basically, it is his problem - right?

Thank you very much!

I would see it that way, but there are experts here who know more about it.

What good does it do you besides stress with the neighbor?
PS from a certain depth onwards, the property no longer belongs to you anyway!

Are the lines getting in the way of your house construction?

Hello Basti,

the question of whose problem this is cannot be clarified without knowledge of the purchase contracts.

Check your purchase contract to see whether the property was sold free of encumbrances (very likely) and what is stated about any rights of way/easements/land charges. Notaries often include clauses stating that they point out the risk but shift the examination to the parties of the purchase contract, which means nothing else than that the notaries refrain from obtaining information about land charge registrations/easements but point out that this has not been done.

Practically, you are right – if the easement was not registered, the seller initially has the problem that he either has to reroute the line so that your property is not affected or negotiate the right contractually with you. Whether he can pass on his damage to someone else then depends again on the background. In NRW, a subdivision permit must be obtained for developed properties – in Hesse, this has been abolished. Nevertheless, no building law violations may result from the subdivision – which may be the case here.

It is also important how severe your structural impairment is, which is hardly assessable without plans.

Best regards
Dirk Grafe

What good does it do you except stress with the neighbor?

Counter question: You acquire a burden-free plot of land and plan a basement. Suddenly, right through your basement flows your neighbor’s water pipe. What do you do? Do you give up the basement? Relocate the pipe at your own expense? Push your house to the farthest corner so that the pipe can remain?

PS beyond a certain depth, the land no longer belongs to you anyway

First, water pipes are not that deep, second, that is irrelevant for pipes – if the pipe is damaged, it must be repaired. If a house stands above the pipe, then who pays for the repair and, above all, how does it technically proceed? For good reasons, one tries to prevent this situation whenever possible.

Are the pipes disturbing your house construction?

That is the only relevant question. The stress does not matter here because the stress will come eventually anyway, since no pipe lasts forever. Moreover, it must at least be assumed here that a mistake was made during the subdivision or the subsequent transfer of ownership. It is therefore completely legitimate to inform oneself about how to correct this and who is responsible.

Best regards
Dirk Grafe

What good does it do you except stress with the neighbor?
PS from a certain depth on, the property no longer belongs to you anyway!

Do the lines interfere with your house construction?

Hi,

I don't want to cause any stress. The only problem is that before buying, I asked where the electricity, gas, and water lines are. The answer was "somewhere." He couldn't give a clear statement, so it was my risk.

Regarding an easement, I currently see two problems:
- Decrease in value in case of a possible sale
- If there are problems with the supply line, they have to dig on my property