DISPUTES WITH NEIGHBOURS

YOUR CASE

  • The branches of a tree belonging to your neighbour overlap into your property.
  • Your neighbour constructs a building on your land
  • You have an issue with a company next door (noise, odours, deliveries ?)
  • Are you unable to sleep because of a nightclub ; or can you tolerate the smell of frying coming from a restaurant next door ?
  • A neighbour doesn’t comply with a right of passage or an easement.

YOUR SOLUTION

  • With regard to trees and the distance of trees, the regulations are very specific and photographs alone will be insufficient proof of a breach of the regulations. As well as branches which overlap, the bailiff can establish that your neighbour’s trees or bushes have not been planted at the right distance from the property’s borders in accordance with the property plans
  • The bailiff may make a report of any type of nuisance which you may be a victim of, whether auditive, visual or olfactory. It is important to emphasise however that each report operates within a certain legal framework known to the bailiff : for this reason it is indispensable to be accompanied by a professional in order to ensure that the evidence cannot be challenged in court.
  • On the question of the right of passage or existence of easements, it is important to know that there are time limits which allow a person to establish the existence of an easement if it has been exercised continually for more than thirty years. It is therefore indispensable to have certified the existence of the easement so as to give an exact date to either the commencement, ongoing use or end of the time limit for the easement.