Neighbours constructing a wall partition

tish · #1 03-20-2009, 10:12 AM

Hi

I'm not sure if this is a legal question or not. Our neighbours are constructing a wall partition today. We knew about it a while ago, but it was only two days ago that our neighbours asked my husband if he could contribute for half the cost to construct this wall. We are in no position to pay half of this cost at the moment.

My question is are we legally bound to pay half of this cost for this partition or not?

Thanks in advance,

Tish

BushBaby · #2 03-20-2009, 12:51 PM

I am NO legal expert tish so it is best to use this information below PURELY as 'a thought process' for you to investigate further BUT ..........

MY understanding is that IF the wall is built on your neighbours land only you do NOT have to pay 1/2 towards the cost of having the wall built & you will NOT have to pay towards any future maintenance of that wall. You can not however have any discussion regarding height, style, colouring etc of the wall.

If the wall IS being built partially on your land, then you become responsible for 1/2 the costs unless you enter into a legal agreement with your neighbour that this has been waived by him/her. You WILL however remain responsible for 1/2 the future maintenance costs unless that too is waived in the legal agreement.

Although I do not recommend being confrontational with your neighbour, I would suggest you get to look at the plans for the nwall & establish just where it is to be built - if partially on your land & without your permission, you can request it to be pulled down & be built solely on your neighbours land (i.e. not 50/50 on yours too!). Try working things out WITH your neighbour before building if necessary rather than leaving it until the wall is built & if your requests are being steamrollered THAT is the time to go visit a lawyer to get the construction of the wall stopped.

Hope this helps you to discuss things with your neighbour today ~ Grahame.

tish · #3 03-20-2009, 01:05 PM

Thanks Grahame,

I've just taken a look and yes, they've started digging solely on their land and not ours. We haven't been included in the height, style or colour of the wall and no further discussion has taken place between us and the neighbour in terms of payment.

The neighbour did mention at the time of asking for half the cost that if we didn't contribute we wouldn't be able to paint or use it to hang stuff on it.

I suppose that's fair enough, but painting our side would have been nice. Perhaps later on when the wall's erected, they may have a change of heart.

Many thanks for your advice. You raised some interested points to consider, if not for now for the future, regarding the maintainance of the wall.

Tish

donluis99 · #4 03-21-2009, 12:33 PM

Look out they will get you!

Unless it is a joint project and you are in agreement, then you by your will may contribute to the construction.

They can put it on their side of the line or divide the line with your permission which does not obligate you to contribute.

There may be an issue for you to finish your side, paint or stucco or what ever if you do not contribute, because then it will be theirs, for which then even you would need there permission to paint it.

Because you just can not paint somebody elses wall even if it faces your property.

It is all up to you and THEY KNOW IT!

!Hay sangre de tigere en casi todo, eh!

Ezequiel · #5 03-21-2009, 12:40 PM

Quote:

Originally Posted by tish

Thanks Grahame,

I've just taken a look and yes, they've started digging solely on their land and not ours. We haven't been included in the height, style or colour of the wall and no further discussion has taken place between us and the neighbour in terms of payment.

The neighbour did mention at the time of asking for half the cost that if we didn't contribute we wouldn't be able to paint or use it to hang stuff on it.

I suppose that's fair enough, but painting our side would have been nice. Perhaps later on when the wall's erected, they may have a change of heart.

Many thanks for your advice. You raised some interested points to consider, if not for now for the future, regarding the maintainance of the wall.

Tish

You CAN paint your side of the wall as it's in your side of the property, in order for them to see that you painted your side of the wall they will have to enter your property, which i hope they won't do without your permission, plus i guess you have dogs?

NotLurking · #6 03-21-2009, 01:39 PM

donluis99, you expose valid issues. The OP would be well served (advised?) looking over:
Código Civil de la República Dominicana
SECCIÓN 1a.: De la pared y zanja medianeras.
Art. 653 - 673
http://www.suprema.gov.do/codigos/Codigo_Civil.pdf
and
Law #675 'SOBRE URBANIZACIÓN, ORNATO PÚBLICO Y CONSTRUCCIONES'
http://www.fedomu.org.do/docs/Conven...nato_const.pdf

NotLurking

Adrian Bye · #7 03-21-2009, 01:41 PM

why not just pay what you can afford, find another way to make some additional favors for your neighbor and both be happy about it?

Presumably value is being added here, so you should contribute somehow. The number of people who seem to want to take advantage on this thread is a little disturbing.

tish · #8 03-21-2009, 08:12 PM

We're not in a position to contribute as yet. The neighbours have said that we need to plaster our side of the wall and we can paint it if we want, but we cannot add anything else to.

We are more interested in partitioning the opposite side of our house for personal reasons, but we don't have the money to do this yet.

Well thanks for your comments. The neighbours aren't pressing us for money, but were more just trying it on I believe.

Tish

jorgesarduysousa · #9 03-21-2009, 08:58 PM

before the wall, what was dividing the properties?

Hillbilly · #10 03-21-2009, 11:28 PM

Plant ivy!!!

HB