Can Neighbours put scaffolding on my property?

What do I do if my neighbor uses my wall in Colombia?

I am a tenant of a house that has private use of the terrace that belongs to the community because it is on the first floor of the building.    The neighbors complain for having put in the same two chests and a closet to store tools.

“The owner of each apartment or premises may modify the architectural elements, installations or services of that one when it does not impair or alter the safety of the building, its general structure, its exterior configuration or condition, or prejudice the rights of another owner…”

I have an apartment in an urbanization and I have a dispute with the community regarding a detachment of the plaster. Each apartment has a terrace on both facades. On our back terrace most of the roof rendering fell off (which covers the lower part of my upstairs neighbor’s terrace). Luckily there was no one underneath because it was quite a lot of mortar.

The administrators refuse to accept the responsibility of the community, and I had to fix it myself. I have tenants and I could not leave the terrace in a bad state. So I am caught between what my insurer says and what the community says.

What to do if a neighbor builds on my property?

You must initiate a voluntary jurisdiction of appraisal and demarcation, to verify the limits of your property. Once this is done, if the other owner built on your property in good faith, you can keep the construction after compensation or force the other owner to buy your part.

What do I do if my neighbor uses my wall?

Before suing, you can settle it through civil proceedings. In Mexico City and Edomex, it is possible to sue your neighbor if he builds on your wall or if his house invades your property.

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What is a bonded yard?

It is called “common yard” when it is a prohibition to build or to go over a certain height when building, imposed by the administration on a neighboring land of another property for which a building permit has been requested.

Scaffolding easement

This definition is the basis for the so-called “scaffolding easement” between adjoining properties, which makes it possible to place a scaffold partially on a neighbor’s property. The establishment of this scaffolding easement is based on the concept of “indispensability”, i.e. necessity. In other words, these requirements must be met:

As we have said, the Civil Code contemplates the possibility of requesting compensation in the face of occupation. The advisable thing is to reach an amicable agreement between both parts and to define the terms of the occupation, at technical and economic level. There are no tables or scales to determine the compensation.

If the neighbor refuses the occupation, a Burofax with certified copy and acknowledgement of receipt can be sent describing the works and stating that, in order to carry them out, the easement is essential. It is advisable to attach a technician’s report to the burofax justifying the need for the occupation.

If the burofax is not effective either, there will be no choice but to file a lawsuit. If the steps have been taken correctly, the bad faith of the neighbor will be accredited, and you will have more possibilities of obtaining a favorable sentence, according to the Civil Code.

What happens if you build on someone else’s land?

Does the person who builds on someone else’s property lose what has been built? The person who has built on someone else’s land does not necessarily lose what has been built, insofar as he must at least be compensated by the owner of the land, if the latter decides to recover the land together with the construction.

What should I do if my neighbor encroaches on my land?

If the neighbor has invaded a part of a common area, the claim must be made before the community of owners. If he has occupied a part of your private property, it is a matter between neighbors and you would have to file a civil claim in court against that neighbor with the help of a lawyer.

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What do I do if my neighbor uses my Colombia wall?

Any of the two owners who wish to use a party wall to build on it, or to make it support the weight of a new construction, must first request the consent of his neighbor, and if he refuses, he will cause a practical trial in which the necessary measures will be dictated so that the new …

Rights to the front of my house

Conflict issues in homeowners’ associations are our forte. To have disagreements related to the necessary works is the strong point of the owners. Therefore, we are going to talk about easements in homeowners’ associations. Whether we want to or not, sometimes, we have to put something of ours at the disposal of the rest “for the greater good”.

In the communities of owners there are two types of possessions. What is ours, our house, storage room, square or premises. And what belongs to everyone. The common areas. Sometimes, there are also things that belong to everyone, but which are enjoyed by a specific dwelling. It is the case of the patios and terraces of privative use. But that is another subject.

Well, an easement is a “loss” of the property right. That is to say, to leave for example part of our patio so that the scaffoldings of a work are placed. A priori, the owner is obliged to allow this easement, although we are going to analyze under what circumstances.

Generalizing, the easements must be given when they are necessary to establish services, to carry out works or to allow the passage of the workers. However, they should not be given when they seriously harm the servient owner.

How do I know if the wall is mine or the neighbor’s?

It is a question of what is on either side of the dividing axis, the one who already has his party wall built, will be the owner of that sheet of wall. It is not possible to deprive the neighbor of the use of his house because there is a need for renovation works or a new construction.

How do you know who owns a party wall?

16- How do you prove party party walls? The general principle is that any wall or wall that serves as a separation between two buildings is presumed to be a party wall, in all its height up to the end of the less elevated building.

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What is an example of an easement?

An affirmative easement authorizes the use of another’s property. An example would be an easement allowing access to the sea through another’s property. Negative easement. … For example, an easement of view or light would prevent the owner of the servient estate from constructing a building that would block the view.

My neighbor’s fence encroaches on my land

Hi, I hope you can help me. I am about to start to put the work seen to the house and the problem I have is that I have to put the work seen from the side of the house and I need to enter the neighbor’s garden to be able to put a scaffolding. What happens if the neighbor does not let me access to put the scaffolding? How do I make the wall? Is there any law for these cases? Thank you.

You invade his air space (which is not his, it belongs to AENA), but you do not cause damage to what is on the ground, which is usually what most worries the neighbors, the movement of materials and unknown people through their property and how it will look afterwards… of course, there are also idiotic neighbors who do not let you enter because they say so and that’s it, the courts are full of them.