Building a barrier is simply a financial trap. 1 mistake and the neighbour will ask for demolition

Setting a barrier between the plots seems to be 1 of the simplest stages of real property development. Many owners approach this task without reflection, which could consequence in a financial disaster. deficiency of cognition about the precise provisions of the civilian Code leads to costly disputes with neighbours, and in utmost cases even to forced demolition of already finished barrier at its own expense. The difference of a fewer centimeters in the location of the barrier determines who bears the costs and who has the right to decide its fate.

The problem is simply a fundamental misunderstanding of the rules concerning construction at the border of plots. Polish law clearly distinguishes the situation in which the barrier stands entirely on our property, from the 1 where it is located precisely on the border line. Ignoreing these regulations is simply a simple way to conflict that can drag on for years and cost much more than the investment in barrier itself. So before you catch a shovel, learn the rules that can save your wallet and your relation with your neighbor.

A barrier on its own. Full control, but full cost

The safest and simplest legal solution is to build a barrier entirely on the property. In specified a situation, you don't gotta get any approval from your neighbor. You have full freedom to choose materials, heights (within the limits of construction law and local planning) and the aesthetics of the fence. However, it is crucial that no component of it – including foundations or submersibles – does cross the property boundary.

However, this autonomy has a price. By deciding on specified a solution, you bear 100% of construction costs. You have no legal basis to request from your neighbour to participate in expenses, even if the barrier indirectly serves him as well. Moreover, all work for future maintenance, repairs, painting or possible replacement rests solely on you. The neighbour is not obliged to make any financial contribution to the maintenance of the fence.

Before starting work, it is absolutely essential to set a precise limit on the plot. It is best to order a qualified surveyor to avoid a mistake that could be interpreted as a violation of neighbour's property and trigger an avalanche of legal problems.

A barrier at the border? Without this document, you're in for a disaster.

The situation changes dramatically erstwhile you plan to put a barrier precisely on the border line between the 2 properties. According to legal experts, among others, in Rzeczpospolita, specified action is possible, but requires 1 key condition: you request to get a written consent from your neighbor. The oral agreement, the friendly arrangement or motion shall have no legal force and shall not constitute any evidence in the event of a dispute.

The agreement should be written down and include as much details as possible. It should specify not only the consent to the construction, but besides the parameters of the barrier (height, material, style) and, most importantly, the principles of sharing the costs of construction and future maintenance. specified a paper becomes legal safeguards for both parties and minimises the hazard of future misunderstandings.

To ignore that request is to ask for trouble. If you place a barrier at the border without written permission, the neighbour has the full right to request its immediate demolition. In specified a situation All the dismantling costs will be borne by you, while losing the money invested in construction.

The civilian Code is ruthless. Article 154 requires the sharing of costs

When the neighbors come to an agreement and jointly decide to build a barrier at the border, the game includes hard rules of the civilian Code. The key is here. Article 154(1) and (2), which states that ‘the walls, fences, towns, ditches and another akin equipment located at the border of neighbouring land shall be utilized jointly by neighbours’. Furthermore, this provision adds that ‘the users of the said equipment shall bear jointly the cost of their maintenance’.

This means that if a barrier stands on the border, the law assumes that both owners usage it. Consequently, both are obliged to jointly bear the costs not only construction, but besides any future repairs and maintenance. A breakdown of 50/50 shall usually be accepted, unless another proportions are established in the written agreement.

This provision works both ways. If 1 of the neighbours evades the payment of his share, the another has the full right to claim due in court. Courts in specified cases almost always regulation in favour of a individual demanding a fair distribution of costs, based on the unambiguous wording of the civilian Code.

Building without consent is simply a simple way to loss. Double costs and demolition order

The worst possible script is to put the barrier on the edge of the plots. The owner who decides to take specified a step puts himself in an highly hard legal and financial situation. First of all, it loses any chance to require the neighbour to reimburse part of the construction costs or subsequent maintenance. The full investment becomes his private and costly problem.

But it's only the beginning of trouble. A neighbour whose border has been breached without his consent may at any time claim RecoveryIt's about the demolition of the fence. The owner who built the barrier will gotta not only dismantle the structure but besides cover all the costs involved. This means a double financial failure – the money spent on materials and labour is gone, and in addition, you gotta pay for dismantling and disposal.

It doesn't substance if the barrier is aesthetic and functional. deficiency of written consent is simply a adequate basis for the court to issue demolition order. This is simply a painful lesson that shows that in real property law there is no area for action “for the word of honor”.

How to avoid a dispute with a neighbour and a costly mistake? Key steps

In order to guarantee that the construction of the barrier does not end in neighbouring war and financial ruin, the subject must be approached methodically and legally. Avoiding problems is possible if you keep in head any fundamental principles:

• Check the game limits: Before you start any work, make certain you have the exact course of the border. usage surveyors or check data in land and building records and in the land register. That's the basis for avoiding accidental entry into the neighborhood.
• Talk to your neighbor: Open communication is key. Present your plans and ask for his position. Even if you plan a barrier on your own land, it is simply a motion of goodwill to inform your neighbour of this fact.
• Write a written agreement: If you are planning a common barrier at the border, a written agreement is absolutely necessary. Specify all the details: dimensions, materials, distribution of construction costs and future maintenance and repair rules.
• Consider a legal consultation: If you have any doubts, respective 100 zlotys spent on advice from a real property lawyer can save you tens of thousands of zlotys in future litigation.

With these steps in mind, you can make your investment in a safe, legal and non-conflict way, enjoying a fresh barrier alternatively of worrying about subpoenas.