You're building a barrier on the edge of the plot? That mistake could cost you thousands of gold!

The popular saying “Free Tomek in his cottage” frequently misleads property owners, especially erstwhile it comes to work on the border of plots. Setting up a barrier without completing the key formalities can lead to not only a conflict with the neighbour but besides serious financial losses. Before you start construction, you gotta realize that law regulates the issue of joint investment preciselyand his ignorance does not release him from responsibility. 1 hasty decision may make you not only not get your gold back from your neighbor, but you will be forced to demolish the barrier you already paid for. In practice, this means the hazard of losing as much as a twelve 1000 zlotys and damaging neighbourly relations for years. We explain how to avoid this costly trap.

The barrier entirely on your lot. Who will bear the costs?

The simplest and safest legal solution is to build fences entirely on your own territory. In specified a situation you have full discretion – you do not request a neighbor's approval to start work, you choose the materials, tallness and appearance of the fence. However, this freedom has a price. According to the regulations, if the barrier is entirely on your plot, even if it adheres straight to the border, the full cost of construction and subsequent maintenance is solely on you. You can't ask your neighbour to reimburse even part of the expenses incurred. The neighbour is not obliged to participate in the cost, as the barrier is not treated as a common device and as an component of your property. This solution is perfect for people who value independency and want to avoid any formalities with their neighbour, but requires readiness to bear 100% of the cost.

A common barrier at the border. The law is clear

The situation changes dramatically erstwhile the barrier is to stand precisely on the border line of both parcels. Then it becomes a alleged border device, and the principles of its construction and maintenance regulate it Article 154 civilian Code. According to this provision, the owners of neighbouring land are required to bear the costs of building and maintaining specified a barrier in half. This means that both expenditure on materials and labour and future repairs or maintenance should be shared equally between the 2 parties. However, the key condition is obtaining prior written consent from the neighbour. Oral arrangements, although frequently practiced, have no legal power and may prove worthless in the event of a conflict. The agreement should specify precisely the course of the fence, the kind of materials utilized and the detailed allocation of costs. Only specified a paper guarantees that the neighbour will be legally obliged to pay his share.

Self-building on the border. The neighbour not only will not pay, but may request demolition

It's the most common and most costly trap the land owners fall into. If you decide to build a barrier at the border without written approval from the neighbourYou are subject to very serious consequences. First of all, you have no legal basis to require him to reimburse half the costs. Moreover, even if the neighbour actually uses your barrier – for example, they hang pots on it or base their constructions on it – the law inactive does not impose a payment work on it. But this is not the end of problems. A neighbour whose rights have been breached by self-construction may enter the legal way and request the restoration of the erstwhile condition, or demolition of the fence. In specified a scenario, not only do you lose the money spent on the construction, but you gotta pay for the dismantling costs. It's a financial blow that could ruin the home budget.

How to avoid a costly mistake? Key steps ahead of the fence

In order to guarantee that the construction of the barrier does not consequence in a financial disaster and neighbouring war, it is imperative to follow respective rules. Legal action is the best investment in calmness and financial security. These are the key steps that must be taken before entering the first shovel:

• Check the exact way of the border: Before you start any conversation, make certain that the limit of your share is precisely where. The basis is authoritative documents: identification map and data from the land register. In case of doubt, it is worth utilizing surveyors.
• Talk to your neighbor: Open communication is essential. Present your idea, hear his opinion and agree on the conditions for possible construction on the border line.
• Write a written agreement: It's absolutely crucial. The contract shall include details specified as: the exact location of the fence, its height, the manufacturing technology, the kind of materials, the full cost estimation and clearly defined breakdown of costs (e.g. 50/50). The paper signed by both parties is the basis for possible claims.
• Consider a legal consultation: If you are incapable to scope an agreement or have doubts about the provisions in the contract, it is worth consulting a real property lawyer. It's a tiny expense compared to possible losses.

Remember that following these rules is not unnecessary bureaucracy, but protecting your money and good relations with your neighbor. A thoughtful and well documented investment will let you to enjoy the fresh barrier without fear of future conflicts.