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
15 Nov 2019 08:03
Just simply ask them in writing to relocate the cable. Let’s see what happens.
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ypg
15 Nov 2019 08:51
Grantlhaua schrieb:

The municipality or water supplier has to expect that trees could be planted in a garden at some point.

What was there first? The pipeline or the established garden?
I don’t mean any harm, but you should try to think more objectively and reasonably, not just stubbornly in one direction.
Go and discuss this directly with the authority.
Take the plans with you and clearly explain to them why they cause an issue.
seat8815 Nov 2019 09:05
Grantlhaua schrieb:


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.

Then go ahead and plant ten oak trees exactly where the pipe runs and even build your garage on top of it. Just wait and see what happens....
It seems you only want to hear opinions that confirm your own...
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Grantlhaua
15 Nov 2019 09:05
ypg schrieb:

Go and clarify this together with the authorities in person.
Take the plans with you and show them why it is an issue.

This will be difficult. I have already been to the town hall several times on this topic and have made proposals. Nothing came out of it except the previously mentioned offer. I even offered them an easement (which would have resolved the tree issue entirely), but they still opposed it.

The plot used to be an orchard (before the utility line), then a fenced lawn area, and now it is a building site.
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Mottenhausen
15 Nov 2019 09:35
You are not the first to encounter such a case, and as far as I know, in disputes it always ends with the easement being compulsorily registered, and that’s it. The reasoning usually comes down to the outdated perspective that the common good outweighs your individual interests.
kaho67415 Nov 2019 09:55
It feels like we’re only hearing half of the story here. What exactly do you want from the municipality, and where are they being so stubborn? Does it really help to take a confrontational approach? The key is actually to get people to want what you want.

What kind of trees are you thinking about? Fruit trees seem completely fine to me. On the other hand, you don’t want to be cutting down a 20-year-old linden tree if it really matters.
Although:
seat88 schrieb:

... before the tree causes any damage, you could just replant it two meters (about 6.5 feet) further away...

is obviously nonsense. What is above ground is also below ground. So, if the crown has or will have a circumference of 20 meters (about 65 feet), the roots will be just as extensive (excluding extreme taproots).