{"id":4607,"date":"2025-01-02T11:44:03","date_gmt":"2025-01-02T11:44:03","guid":{"rendered":"https:\/\/lexysadvocaten.nl\/?p=4607"},"modified":"2025-01-02T11:44:03","modified_gmt":"2025-01-02T11:44:03","slug":"neighbors-refuse-cooperation-repair-of-walled-foundation","status":"publish","type":"post","link":"https:\/\/lexysadvocaten.nl\/en\/neighbors-refuse-cooperation-repair-of-walled-foundation\/","title":{"rendered":"Neighbors refuse cooperation repair of walled foundation"},"content":{"rendered":"

Neighbors refuse cooperation repair of walled foundation<\/h1>\n

The dividing wall between two buildings is common property and mandated. This is stated in the law<\/a>. If a wall is mandated, it means that the owners on either side of that wall jointly own it. Therefore, if the foundation under that mandelaw wall needs to be repaired, there are two important consequences. The first is that repair may not take place without the cooperation of the other owner in the mandelage. The second is that you, as common property owners, must jointly bear the cost of repair. But what if your neighbor refuses cooperation and payment for repair of the shared foundation? Real estate law attorney<\/a> Robert van Ewijk<\/a> explains what you can do then.<\/p>\n

Court rulings on repair of basket foundation<\/h2>\n

Two important rulings were handed down last year that dealt with the repair of a basket foundation. The Amsterdam Court of Appeal ruled in September 2024 (ECLI:NL:GHAMS:2024:2565<\/a>) that conclusive evidence had been shown that the mandated dividing wall was seriously sagging and that immediate action was needed to prevent further damage. The VvE<\/a> of the neighboring property was therefore ordered to tolerate foundation repair under penalty of a penalty<\/a>. Furthermore, the owners' association of the neighboring property was ordered to contribute to the cost of repairing the walled foundation. It was also ordered to pay to the other owner of the wall the damages<\/a> she had suffered as a result of the refusal to cooperate in the necessary foundation repair.<\/p>\n

Compensation for delay in foundation repair<\/h2>\n

The owner of a semi-detached house in Wassenaar was also ordered to pay damages. In a ruling by the District Court of The Hague from October last year (ECLI:NL:RBDHA:2024:17616<\/a>), in fact, it was held that the co-owner had acted unlawfully<\/a>. The court reached that judgment because it should have been sufficiently obvious to that co-owner that repair of the mandated foundation was necessary. Therefore, there was an obligation to cooperate in that repair. Breach of that obligation was unlawful and that resulted in damages. The reluctant neighbor therefore had to compensate that damage.<\/p>\n

Damage from refusal to cooperate in foundation repair<\/h2>\n

Mandelige owners often try to postpone cooperation on foundation repair as long as possible due to its high cost. However, this can cause damage to the other owner. As a reluctant owner, you may have to pay for that damage. These damages can be diverse and can be very expensive. Some examples.<\/p>\n