ᐅ Main Water Line Running Through Our Garden – Is Building Over It Allowed?

MayrCh schrieb:

I want to benefit from affordable water supply without contributing to it with my property. The German cutthroat society keeps expanding.
I’ll just mention Basic Law Article 14 (2) and AVBWasserV §8. That actually covers everything.

There are 3 high-voltage power lines, a main water line, 3 water lines for other houses, and a sewage line from 2 other houses running through my land— all without compensation. I think that’s enough.

Since the municipality is not really willing to support us either, I no longer see any reason to continue like this. It was always more about giving on our side (including donated land), but as soon as we need something, suddenly no one wants to help.

guckuck2 schrieb:

you can consider how the current situation might have come about.

According to the original poster, the grandfather and previous landowner consented. I would say it’s an unfortunate situation. He took over the property with all associated rights and obligations.

guckuck2 schrieb:

Nonsense.
The private property of the original poster suffers significant damage, and without reason, if utility lines can be routed on public land.

Significant damage for what reason? Because you can’t plant large trees?

Grantlhaua schrieb:

In my opinion, they don’t belong on private land if there is a public road with a sidewalk just 5 m (16 feet) away.

Please share a floor plan including the utility lines.
Basically, you’re right. However, there are certain exceptions. I still don’t understand what the big problem is. As long as you don’t plant a forest on it, everything is fine. Otherwise, deep-rooted trees and buildings should be avoided. Everything else is allowed without a permit/planning permission. But even with a tree, nobody will raise an issue later on.

Having a clear plan is always helpful... If we had a bigger garden, I would definitely plant several trees there. It would be really frustrating if that wasn’t possible because of a utility line running across (?!?!?).

If grandpa only gave verbal consent back then, are there any meeting minutes? Otherwise, people can claim a lot...

User0815 schrieb:

According to the OP, the grandfather and previous landowner agreed. I would say that’s unfortunate. He took over the property with all rights and obligations.

Verbal agreement without a building encumbrance recorded in the encumbrance register and without an easement? That’s simply not valid, it’s worth less than a dime!

danixf schrieb:

Otherwise, deep-rooted trees and buildings should be avoided. Everything else is allowed without a building permit / planning permission. But later on, no one will bother with a tree anyway.

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 basically takes up half the garden. I can provide the plan later.

Müllerin schrieb:

If grandpa only gave verbal consent back then, are there any records of the conversation? Otherwise, anyone could just claim anything...

No.