Watch out for your neighbor. Poles fall into this legal trap

Thousands of Polish families, building a fence, unwittingly enter the legal mine, which could cost them all the investment and tens of thousands of PLN. The seemingly innocent decision to place a barrier on the axis of the plot, without completing key formalities, triggers an avalanche of problems. The provisions of the civilian Code are ruthless in this matter, and courts consistently side with the injured neighbours. As a result, the owner who only wanted to barrier his property can be forced not only to costly demolition, but besides to pay the neighbour a crucial sum of money. This common mistake is due to the ignorance of 1 key article of law that regulates border devices. knowing its consequences is absolutely essential to defend yourself from financial disaster and long-term neighbourly disputes.

Legal trap in the civilian Code. erstwhile does the barrier become common?

The key for each owner of the game is Article 154 of the civilian Code. It states that the walls, fences, towns, ditches and another akin devices located at the border of neighbouring land are utilized for the common usage of neighbours. The same provision requires them to jointly bear the cost of surviving them. In practice, this means that if you choose to build a barrier precisely within the border line, it automatically becomes the joint ownership of you and your neighbor.

The consequences are far-reaching. First, the neighbour gains the right to request your return half of construction costs This fence. Secondly, during the full duration of the fence, you will both be required to jointly and severally cover all expenses for its maintenance, repair or possible replacement. It does not substance whether you have set up a modest barrier or a luxury wall for respective tens of thousands of PLN – the rule of sharing costs remains the same.

This is where the trap lies. Many owners, not knowing this recipe, put a barrier on the border, hoping they would be his only decision makers. However, the law says otherwise, giving the neighbour a powerful tool to enforce his rights, including financial ones.

The biggest mistake of the owners. Construction of a barrier without the approval of a neighbor

The worst script is realized erstwhile the owner builds a barrier on the border of the game without prior agreement and, most importantly, without the neighbor's written consent. If any component of the barrier – foundation, pillar or span – crosses the property boundary by even a centimeter, the neighbour gains the right to request its immediate demolition. Courts in specified cases shall decide almost automatically in favour of the owner whose limits have been breached.

In specified a situation, the investor must not only bear the full cost of dismantling the fence, but frequently besides reconstruct the site to its first state, which generates additional expenditure. The full investment, frequently worth tens of thousands of zlotys, is in vain.

There is only 1 100% safe solution to avoid this risk: construction of fences only within its own plot. This means that the full structure must be on your side of the border line. In this case, you have full freedom – you can build a barrier of any tallness (consistent with building law and local plan), any materials and any style. The neighbour has no right to interfere in your investment or request money from you due to the fact that the barrier is entirely your property.

You want to build on the border? Here's what you gotta do to keep from losing

If, after all, you want to make maximum usage of the plot's surface and want to put the barrier right in its axis, you must absolutely safeguard your interests. The only effective way is to get it from your neighbor. written consent to the construction of a common fence. It should be stressed that oral arrangements, even in the best of the commonwealth, do not have any legal force and, in the event of a dispute, the court will not take them into account.

Such a deal should be as detailed as possible. It must contain:

• Detailed description of the planned barrier (height, materials, construction technology).
• Estimated estimation of the full investment.
• Clear rules for sharing construction costs (usually 50/50).
• Rules for future maintenance, repair and maintenance costs.
• Signatures of both owners of adjacent properties.

The deficiency of specified a paper puts you in a losing position. If you build a barrier on the border without a written contract, you not only exposure yourself to a demolition demand, but you besides lose your right to claim reimbursement from your neighbour of any part of the costs incurred. Under the law, it will be same - servitude on another people’s ground.

How to avoid costly disputes? It's crucial to establish a border.

The fundamental origin of conflict is frequently the misdetermination of the land boundary. Depending on old tens of years of fences, bushes, or another informal markings, it is simply a simple way to disaster. These boundaries may have been set inaccurately or may have been shifted over the years.

Before inserting the first shovel, the absolute basis is border verification in authoritative documents. Check the records in the land registry and the current survey map. If any doubts or maps arise are out of date, the only reasonable step is to order the authorised surveyor to resume the border marks or to designate border points.

The cost of specified a service is usually respective 100 to over a 1000 zlotys. However, this is simply a tiny amount compared to the possible financial losses and stress of litigation, which can drag on for years and cost tens of thousands of zlotys.

Local law matters, too. Check these papers before construction

Even if you make a deal with your neighbour and set the line, it's not the end of the formalities. Another common mistake is ignoring local regulations. Each municipality may have Local Spatial Management Plan (MPZP), which imposes circumstantial requirements for fences in a given area.

This plan may specify precisely the maximum permissible tallness of the fence, the kind of materials from which it can be made (e.g. ban on concrete panels) and even its colours or kind (e.g. work to usage openwork fences). Breaking these records is tantamount to voluntary construction and may consequence in the issuance by construction supervision demolition orderEven if the barrier stands entirely on your land and is in accordance with the neighbor's will.

Therefore, before the start of the investment you should go to the municipality or city office and see what rules apply on your land. Investment in appropriate preparation, paper checking and possible legal advice is the best insurance policy against costly errors erstwhile building a fence.