Avloppet och vaten servitut - våra granne har byggt 2 nya full badrumer o en köket utan byglovv på
Kindly advice us if possible!
After many years of work, we have saved enough money to buy a small farm. So we decided to make it happen.
Our current neighbour initially had about 5ha of land on which were placed 2 villas, lots of glass greenhouses and 1 big "additional building used as packing house for vegetables from the greenhouses.
Each villa had (1 & 1/2 badrooms) and in addition the building mentioned above had 2 toilets (1/2 badroom.
We have purchased the left side consisting in 1ha of land, on which are located 1 villa, the big building mentioned earlier and the rest empty land with grass.
On our side of property was located also the sewage (avlopp) system as well as water well (16000liters), for both villas.
In good faith, we have agreed to give servitut for avlopp and water to our neighbour and we mentioned this aspect in the house contract, and also we mentioned to share the costs for the maintenance of these.
Few years passed and everything was nice and wonderful. We understand and had a good time with our neighbour and his family.
Recently our neighbour has completly renovated his villa (kitchen, rooms, roof, basement..etc) and built another full bathroom.
In adition of this bathroom he has transformed an old garrage on his side of property into a stuga style, completly renovated and including a full kitchen and a full bathroom.
These were also conected to our water and sewage system!
Now comes the question!!!
WHAT SHOULD WE DO IN THIS CASE ?
He built these without even asking us (thats the part we hate the most, as we have definetly aggreed but with some updated conditions), and without having a bygglovv as he told us he doesnt need to ask for our permission becouse the sewage system and the well is "ours" and he doesnt need byglovv for these renovations.
We do not want to ruin the relationship but we feel betrayed and used as stupids and it hurts. We have not informed komunn or anyone yet, but...
We also think that on the future some problems may arise with the value of our property if we do not take any sort of action now... in case we decide to sell or apply for a new permit to further renovate our house or the facility mentioned earlier. Some problem may arise if he decides to sell to someone else...
Anyway, we just agreed for servitut not for these changes and now we wonder what should we do.
Please advise if possible and accept our hearthly thanks in advance.
After many years of work, we have saved enough money to buy a small farm. So we decided to make it happen.
Our current neighbour initially had about 5ha of land on which were placed 2 villas, lots of glass greenhouses and 1 big "additional building used as packing house for vegetables from the greenhouses.
Each villa had (1 & 1/2 badrooms) and in addition the building mentioned above had 2 toilets (1/2 badroom.
We have purchased the left side consisting in 1ha of land, on which are located 1 villa, the big building mentioned earlier and the rest empty land with grass.
On our side of property was located also the sewage (avlopp) system as well as water well (16000liters), for both villas.
In good faith, we have agreed to give servitut for avlopp and water to our neighbour and we mentioned this aspect in the house contract, and also we mentioned to share the costs for the maintenance of these.
Few years passed and everything was nice and wonderful. We understand and had a good time with our neighbour and his family.
Recently our neighbour has completly renovated his villa (kitchen, rooms, roof, basement..etc) and built another full bathroom.
In adition of this bathroom he has transformed an old garrage on his side of property into a stuga style, completly renovated and including a full kitchen and a full bathroom.
These were also conected to our water and sewage system!
Now comes the question!!!
WHAT SHOULD WE DO IN THIS CASE ?
He built these without even asking us (thats the part we hate the most, as we have definetly aggreed but with some updated conditions), and without having a bygglovv as he told us he doesnt need to ask for our permission becouse the sewage system and the well is "ours" and he doesnt need byglovv for these renovations.
We do not want to ruin the relationship but we feel betrayed and used as stupids and it hurts. We have not informed komunn or anyone yet, but...
We also think that on the future some problems may arise with the value of our property if we do not take any sort of action now... in case we decide to sell or apply for a new permit to further renovate our house or the facility mentioned earlier. Some problem may arise if he decides to sell to someone else...
Anyway, we just agreed for servitut not for these changes and now we wonder what should we do.
Please advise if possible and accept our hearthly thanks in advance.
I don't really see the problem. Are you afraid that the sewer system will not have enough capacity?
The "servitut" gives your neighbour a right to use a part of your land for the sewer system. And that right extends to any activity that may take place on the neighbours land. If he would build a 100 floor hotel, he can still use the (upgraded) sewer sysatem on your land.
It's a different story when it comes to sharing the costs. That question can be very complicated if one partner increases the usage of the common resource.
On may argue that if there are 3 "apartments" on one lot, and only one appartment on the other, the cost should be split in 4. But one could also argue that the real cost of maintenance only increases marginally with a wider usage.
The "servitut" gives your neighbour a right to use a part of your land for the sewer system. And that right extends to any activity that may take place on the neighbours land. If he would build a 100 floor hotel, he can still use the (upgraded) sewer sysatem on your land.
It's a different story when it comes to sharing the costs. That question can be very complicated if one partner increases the usage of the common resource.
On may argue that if there are 3 "apartments" on one lot, and only one appartment on the other, the cost should be split in 4. But one could also argue that the real cost of maintenance only increases marginally with a wider usage.
Claes Sörmland
Medlem
· Sörmland och stan
· 24 246 inlägg
Claes Sörmland
Medlem
- Sörmland och stan
- 24 246 inlägg
From the legal perspective, you and your neighbour have a specific permit for the sewage system (avloppstillstånd) given by the kommun. This is a document that is very specific regarding what is connected to the sewage system. Your neighbour should have made anmälan when he planed to connect the new house (hushåll). Essentially he should have asked for a revision of the permit. If OK, he would have obtained a startbesked from the kommun and this would have allowed him to proceed with the actual building process. Since you share sewage system also you should have been involved in the process.
Ni extra permits is needed as there is no extra ”hushåll”
The neighbours is just as many people as they where before...
The regulations for ”lantbruksfastighet” is also vett different from the regulations for villas!
-You do not need any extra permits for a garage even if it container toilets, kitchen or bathrooms!!!!
-Live and let live!!!
IF you are yellous IF your neighbour you cab build an even bigger garage with kitchen and bathrooms
(A person can only shit so much -it does not really matter how many toilets he has....
The neighbours is just as many people as they where before...
The regulations for ”lantbruksfastighet” is also vett different from the regulations for villas!
-You do not need any extra permits for a garage even if it container toilets, kitchen or bathrooms!!!!
-Live and let live!!!
IF you are yellous IF your neighbour you cab build an even bigger garage with kitchen and bathrooms
(A person can only shit so much -it does not really matter how many toilets he has....
Claes Sörmland
Medlem
· Sörmland och stan
· 24 246 inlägg
Claes Sörmland
Medlem
- Sörmland och stan
- 24 246 inlägg
"In adition of this bathroom he has transformed an old garrage on his side of property into a stuga style, completly renovated and including a full kitchen and a full bathroom."
Anmälningspliktigt när avloppet ändrades genom att det anslöts till en ny byggnad med kök och badrum.
Anmälningspliktigt när avloppet ändrades genom att det anslöts till en ny byggnad med kök och badrum.
Claes Sörmland
Medlem
· Sörmland och stan
· 24 246 inlägg
Claes Sörmland
Medlem
- Sörmland och stan
- 24 246 inlägg
Hurdå? Lagstiftningen för små avlopp är densamma oavsett fastighetstyp.D Destrier skrev:
På lantbruksfastigheter får man sätta upp ekonomibyggnader helt utan bygglovsförfaranden
-Tyvärr är det ytterst sällsynt att kommuner faktiskt följer lagstiftningen för enskilda avlopp.
-Korruptionen har skenat iväg så rejält att ytterst få vågar gräva eller ta tag i problemet - de som gräver stoppar halvvägs...
.