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?
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guckuck2
14 Nov 2019 09:46
danixf schrieb:

Significant damage for what reason? That you can't plant huge trees?

The affected area can no longer be built on. It is no longer considered land for construction.
Tina mit K14 Nov 2019 09:56
Just a basic question: are you absolutely sure that this pipe is exactly where it’s supposed to be? Sometimes the caseworker makes a mistake, and it could be located somewhere else or follow a different route.
This can happen, especially with older plans. Maybe there isn’t even a problem?

We also have a water pipe on our property (registered in the land registry) and had to shift the house about 10 meters (33 feet) backward because of it, only to find out later that the pipe is actually much closer to the house than shown on the plans...
It wasn’t a big issue for us with a 60-meter (197 feet) long lot, but it shows how inaccurate these plans can be.

Have you tried checking with the water supplier?
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Grantlhaua
14 Nov 2019 09:59
Tina mit K schrieb:

We also have a water pipe on the property (registered in the land registry) and had to move the house about 10 meters (33 feet) backward because of it, only to later find out that the pipe isn’t nearly as far into the property as shown on the plans...
It wasn’t a big issue for us since the lot is 60 meters (197 feet) long, but it shows how inaccurate such plans can be.

Have you tried contacting the water supplier?

The water supplier is the municipality.

We have already done quite a bit of digging on the property. The pipe is exactly where it’s marked. I’m fine with it staying there, but if I want to plant a tree nearby, I don’t want to run into any problems. I don’t have issues with the other pipes; only this main water line is inconvenient because it runs straight through the garden.
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danixf
14 Nov 2019 10:44
guckuck2 schrieb:

The affected area can no longer be built on. It is no longer considered building land.

If the original poster wants to build a new house exactly there, it falls under the point you mentioned, and the public utility company will remove or relocate the line free of charge. You are absolutely right about that. But not for just a few trees...
Grantlhaua schrieb:

We would like to plant one or two apple or cherry trees or even build a garden shed. None of this is possible because the utility line takes up almost half of the garden. I can provide a plan later.

Most fruit trees, as far as I know, including apple and cherry trees, are shallow-rooted rather than deep-rooted. But please double-check with a quick search.
With shallow-rooted trees, there should be no issues. And a garden shed is also not a problem, as long as it’s not a large luxury log cabin or something similar.

Have you received an official rejection from the local authorities? Who did you speak with? The municipality itself usually has limited influence in these matters. The utility provider is the right contact.

I’ll check this evening if I can find anything relevant in my documents.
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ypg
14 Nov 2019 11:02
Grantlhaua schrieb:

A utility line running through my property without an easement?

Yes... Negligence is negligence.
danixf schrieb:

From my professional experience, I can tell you that it’s not uncommon for trees to grow over utility lines. The lines are usually around 0.6–1m (2–3 feet) away from the property line, typically under the sidewalk. If you drive through residential areas and see how many houses have trees, shrubs, or garden beds between their house, sidewalk, and street, you’ll realize how many of those are above utility lines.


Sometimes it’s better not to know everything.

Maybe your grandfather got the property for free because of that? Who knows?
I’d also choose shallow-rooting plants or keep some distance.

Or is this about principle, stubbornness? That wouldn’t be helpful.
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Grantlhaua
15 Nov 2019 07:03
ypg schrieb:

Maybe that’s why your grandpa got the plot for free? Anyone knows?
I would also choose shallow-rooted trees or keep some distance.

No, he paid the normal price. The municipality received a small part of the plot for a road at no cost.
ypg schrieb:

Yes... Negligence is negligence.

Or is it negligent to operate a water pipe on private property without protection? After all, it’s my land. The municipality or water supplier should expect that trees might be planted in a garden.