ᐅ Main Water Line Running Through Our Garden – Is Building Over It Allowed?
Created on: 13 Nov 2019 14:04
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Grantlhaua
Hello everyone,
the main water supply line for our neighborhood runs right through our garden, even though the municipality does not have an easement for it. I have tried to resolve this issue with the local authorities, but I was not offered any reasonable solution.
Am I allowed to plant a tree over the pipeline or build a garden shed on top of it? Does anyone have any experience with this?
the main water supply line for our neighborhood runs right through our garden, even though the municipality does not have an easement for it. I have tried to resolve this issue with the local authorities, but I was not offered any reasonable solution.
Am I allowed to plant a tree over the pipeline or build a garden shed on top of it? Does anyone have any experience with this?
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HilfeHilfe14 Nov 2019 07:16Grantlhaua schrieb:
The power line crosses our garden. Because of this, I can’t plant any trees, especially since there are also high-voltage power lines along the property boundary. Our family has owned this property for decades; apparently, my grandfather had a verbal agreement with the local authority.
However, we are now facing some problems and receive very little support from the local authority. Honestly, I’m tired of just accepting everything, especially since over the past decades we have given many gifts to the local authority.You should have said something earlier. However, nothing will happen without legal advice.
I would suggest stating your demands clearly. Whether you would be satisfied with, for example, €1567 (about $1700) in compensation, I don’t know.
You’re all worrying way too much. This might be written somewhere, but nothing will actually happen if you plant a few beds and plants now. Maybe just skip the giant sequoia in the garden...
There is an obligation to tolerate for connection users—basically for everyone. This can be challenged if the property is affected by the utility lines. No one can tell you how the legislator will decide on this, but I think the chances are zero, unless you build a new house right there again. However, you can apply for a relocation at your own expense if you can afford it.
From professional experience, I can tell you that it is not uncommon for trees to be located above utility lines. The lines are usually about 0.6–1 meter (2–3 feet) away from the property boundary, lying underneath the sidewalk, and if you drive through residential areas and look at how many houses have trees, shrubs, flower beds, etc. between their house/sidewalk/street, you’ll realize how many of those are above utility lines.
Properties set back in the second row are also always interesting. Sometimes the development is done on the left side of the front house, and later the driveway is routed past the right side of the house. On the left side you’ll find all the beds and so on. In case of service interruptions, homeowners have never had to pay a cent there.
There is an obligation to tolerate for connection users—basically for everyone. This can be challenged if the property is affected by the utility lines. No one can tell you how the legislator will decide on this, but I think the chances are zero, unless you build a new house right there again. However, you can apply for a relocation at your own expense if you can afford it.
From professional experience, I can tell you that it is not uncommon for trees to be located above utility lines. The lines are usually about 0.6–1 meter (2–3 feet) away from the property boundary, lying underneath the sidewalk, and if you drive through residential areas and look at how many houses have trees, shrubs, flower beds, etc. between their house/sidewalk/street, you’ll realize how many of those are above utility lines.
Properties set back in the second row are also always interesting. Sometimes the development is done on the left side of the front house, and later the driveway is routed past the right side of the house. On the left side you’ll find all the beds and so on. In case of service interruptions, homeowners have never had to pay a cent there.
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Grantlhaua14 Nov 2019 08:24danixf schrieb:
There is an obligation to tolerate for connection users – so basically for everyone. That’s all quite understandable. The supply lines for us and the houses in the second row also run along the edge of the property, which isn’t a big issue. The concern is about a main water pipe that supplies an entire settlement. In my opinion, it has no place on private land when there is a public road with a sidewalk just 5m (16 feet) away.
In my opinion, this no longer has anything to do with tolerance obligations if it is not the (own) connection line or if the route of the line is not without alternatives. A sidewalk 5m (16 feet) away is an alternative.
But if grandpa approved it, even verifiably, that will probably be difficult. Otherwise, I still believe the line must be removed immediately, at no cost to you.
But if grandpa approved it, even verifiably, that will probably be difficult. Otherwise, I still believe the line must be removed immediately, at no cost to you.
Grantlhaua schrieb:
This concerns a main water supply line that serves an entire residential development. I want to benefit from affordable water supply, but I do not want to contribute to it through my property. The German competitive, self-centered society continues to spread.
I’ll just mention Article 14 (2) of the Basic Law as well as §8 of the General Administrative Regulation on the Water Supply Act (AVBWasserV). They basically cover everything.
guckuck2 schrieb:
In my opinion, this no longer has anything to do with obligations to tolerate if it is not the (own) service line. See above.
MayrCh schrieb:
I want to benefit from affordable water supply but without contributing to it through my property. The competitive, self-centered nature of German society keeps spreading.
I’m referring to Basic Law Article 14 (2) and AVBWasserV §8. They basically cover everything.
See above. Nonsense.
The private property of the original poster suffers significant damage, and unnecessarily so, if it is possible to route the pipeline on public land.
I don’t know how generous you are... but maybe consider how the current situation came to be.
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