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  #21  
Old 08.09.2020, 21:20
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Re: encroachment by neighbour

Should a permitt not exist, why do they need to assume the neighbour would be given permission "post fact"?
They have built on land that is not theirs.

The commune is obligated to react, wether there is a permitt or not.

I would request a meeting with the syndic asap.

Have you spoken directly to the neighbour & asked him why he thinks he can do what he is doing?
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  #22  
Old 09.09.2020, 17:20
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Re: encroachment by neighbour

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Should a permitt not exist, why do they need to assume the neighbour would be given permission "post fact"?
They have built on land that is not theirs.

The commune is obligated to react, wether there is a permitt or not.

I would request a meeting with the syndic asap.

Have you spoken directly to the neighbour & asked him why he thinks he can do what he is doing?
Because it makes no sense to tear down a 10-million building that's in perfect shape. OP may get some compensation, but that'll be far less than the overstepping is worth - and if he thinks the offer is too small he'll probably have had to fight for his right for years.

The first thing to do is to keep the situation from worsening. OP's lawyer is useless.
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  #23  
Old 09.09.2020, 17:40
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Re: encroachment by neighbour

I was not aware that this was about a chf 10 million project, not that it should matter.

If going down the legal path instead of mediation Magic covered what needs to be done.
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  #24  
Old 09.09.2020, 19:31
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Re: encroachment by neighbour

My advise, release a hamster on your property and claim your plot is a habitat of an endangered species. This works perfectly well in Holland, so you may have a chance...

You can also buy an old digger on ricardo and undo their work... apparently a Caterpillar 2 ton digger costs 190 a day to rent.

Cheapest is to post signs waning for landmines.

Maybe the neighbour is financed by a bank, warn them of problems on the way and they may revoke funds.
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Old 10.09.2020, 11:01
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Re: encroachment by neighbour

There is actually a possibility that your neighbour might have the right to build on your land. It is called "Überbaurecht" in German. This would have been granted by any of the former owners of your land and must be noted in the "Grundbuch" (sorry, I don't know the correct French for these terms). So you could go and look up, what's written in the Grundbuch about your property and what rights and grants you have/owe (e.g. rights of way etc.). If he has an Überbaurecht, he is probably racing to use it, before you can take it away from him.

In the last house I owned in Switzerland, I did have one of these nuclear bunkers, which was underground and it was built on (underneath) my and my neighbour's land, actually touching my neighbour's house. This had to be written down in the Grundbuch. Wonderful workshop, this was, nice and cool in the summer and a 400 volt plug

You have to act swiftly!
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  #26  
Old 10.09.2020, 11:18
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Re: encroachment by neighbour

That would be written in the purchase agreement of the land.
All nonpossesory rights must to be mentioned in it.
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Old 10.09.2020, 13:06
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Re: encroachment by neighbour

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There is actually a possibility that your neighbour might have the right to build on your land. It is called "Überbaurecht" in German. This would have been granted by any of the former owners of your land and must be noted in the "Grundbuch" (sorry, I don't know the correct French for these terms). So you could go and look up, what's written in the Grundbuch about your property and what rights and grants you have/owe (e.g. rights of way etc.). If he has an Überbaurecht, he is probably racing to use it, before you can take it away from him.

In the last house I owned in Switzerland, I did have one of these nuclear bunkers, which was underground and it was built on (underneath) my and my neighbour's land, actually touching my neighbour's house. This had to be written down in the Grundbuch. Wonderful workshop, this was, nice and cool in the summer and a 400 volt plug

You have to act swiftly!
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That would be written in the purchase agreement of the land.
All nonpossesory rights must to be mentioned in it.
The notary is legally obligated to disclose all such entries in the Grundbuch.
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  #28  
Old 10.09.2020, 15:06
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Re: encroachment by neighbour

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That would be written in the purchase agreement of the land.
All nonpossesory rights must to be mentioned in it.
Don't know about CH but in UK law there are rights that exist even if not mentioned in the land registry. For example in rural areas there are footpaths and such that cross privately owned land, and also hunting rights etc.

But I struggle to see a concrete garage justified by any of that.
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  #29  
Old 10.09.2020, 16:09
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Re: encroachment by neighbour

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That would be written in the purchase agreement of the land.
All nonpossesory rights must to be mentioned in it.
No need to list everything in detail in the agreement itself. The purchase agreement can simply point to the land registry entry.
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  #30  
Old 10.09.2020, 16:48
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Re: encroachment by neighbour

I have made 2 property purchases and 1 sale in canton Vaud. Each time all rights & obligations were listed in the agreement by the notary, who also made sure both parties understood the significations.

It might be different in Wallis.
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  #31  
Old 10.09.2020, 19:28
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Re: encroachment by neighbour

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I have made 2 property purchases and 1 sale in canton Vaud. Each time all rights & obligations were listed in the agreement by the notary, who also made sure both parties understood the significations.
That won't hurt, but whether a duty has been mentioned in the contract or not makes no difference, the only relevant entry is that in the land registry. Same with the purchase itself, the land registry alone defines the owner. This is federal law, no differences between the Cantons.
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  #32  
Old 10.09.2020, 19:47
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Re: encroachment by neighbour

True, however what I am trying to say is, that it to my knowledge is the notaries duty to have a current extrait from the landregistry which is added to the contract.

However a buyer is of course free to get their own at any time for a fee.
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  #33  
Old 11.09.2020, 10:29
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Re: encroachment by neighbour

Sorry to hear your experience of this. Suffice to say that if you ever do wind up building on your own land, you might wind up in a "tit for tat" situation. And if you wind up living at that location, you may not experience the best of neighbourly relations....so I hope that doesn't detract too much from your enjoyment and satisfaction of living there...
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  #34  
Old 11.09.2020, 10:51
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Re: encroachment by neighbour

As you are lighting a fire under your lawyer to get a construction stop order, also start to think about what happens if one is not granted, or if it is ignored, and what sort of compensation you could demand for the diminished value of your property.

The loss to your property value is more than the price of m2 taken away. You need to get a professional opinion as to the total loss in value given the new building, access rights, future buildability, etc.

---

Around my small village, he who has the most Vitamin B usually wins, regardless of the letter of the law. Unfortunately. We might all be equal before the law - but as the saying goes, some folks are more equal than others. It is not unknown that a well connected developer or neighbor pulls off a stunt like this and gets away with it.

You need to be prepared to fight this to the highest level - which means deep pockets. Which is what your neighbor is likely counting on, that the cost of this fight will be too much for you financially.

It should not be like this... but unfortunately this is the reality in some places.
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