Neighbourhood law

As the owner of an immovable property, you are not completely free to do as you please. You have rights and obligations arising from, for example, easements, qualitative obligations, chain clauses but also from flat rights, building rights or leasehold rights. And then there is also neighbour law.

The law contains rules regulating the relationship between neighbours of adjoining plots. These legal rules are called "neighbour law". Below are some examples.

Property boundary and property division ('boundary wall'), boundary disputes

Any owner of adjoining plots may require his neighbour to cooperate in erecting a separation wall two metres high. A local ordinance or custom may provide otherwise. Each owner bears half the cost. The separation wall becomes common property (mandelage).

Plantings near the boundary

It is not allowed to plant trees within two metres of a property border, unless the owner of the adjoining plot has given permission. Again, a local ordinance or custom may stipulate that this distance may be smaller. The tree may remain if it is lower than the fence between your yard and that of your neighbour, or if there is prescription.

Windows, balconies and overbuildings

No balconies or windows are allowed within two metres of the property boundary.

Water and watercourse

It is forbidden to discharge water from your plot into your neighbour's. A pitched roof should therefore drain into your own garden. Of course, this can be prevented by installing a gutter.

Emergency road

If a plot is not accessible from the public road or public waterway, the right of way can be required in the least onerous way.

Scaffolding or ladder right

If work needs to be carried out on an immovable property and this is only possible via a neighbouring plot, the owner of the neighbouring plot must allow this. However, he must then be notified and compensated in good time.

Nuisance

In principle, an owner may do what he wants with or on his property. After all, it is his property. Neighbours must therefore accept a certain nuisance, which one always experiences from someone else. Everyone has their music too loud from time to time. Everyone causes vibrations, for instance when renovating. The neighbour's trees always block out some sunlight and lose their leaves in autumn, so you have to accept that some of them fall into your gutter. The neighbours' rubbish bins regularly stink in summer. And their dog sometimes barks annoyingly, especially at night. Such 'normal' nuisances should be tolerated. Only when the nuisance becomes so severe that it is unacceptable by general social standards, it may be a case of unlawful nuisance and you may be able to take action against it.

Of course, there are more rules concerning neighbour law, but these are the most common ones. These rules are regulatory, meaning that they can be deviated from by mutual agreement.

For more information on neighbour law, please contact us. We will be happy to advise you.