It is possible to build against the party wall
The one that is built on the boundary of two properties. They are called “contiguous” when they have been built entirely on the land of one of the neighboring owners, and “encaballados” when their axis coincides exactly with the demarcating boundary of both estates, that is to say: “on horseback” of the boundary.
Any owner of an estate may oblige his neighbor to build and maintain walls 3 meters high and 18 inches thick to enclose and divide his adjoining estates, which are located in the enclosure of a town or in the suburbs (article 2,726 of the Civil Code).
The Civil Code of the Nation was sanctioned by law 340 and only by law 845 the metric decimal system was put into effect, so that the equivalent conversion must be made (1 inch = 2.54 cm).
It can be released from this obligation, ceding half of the land on which the wall must be built, and renouncing to the party wall (article 2.727 Civil Code). The abandonment does not proceed when there is an effective use of the wall (C. App. C. C. Ros. Chamber II March 5, 1964 Digesto Jurídico, Volume IV, page 1.559).
How many meters to leave to build a house
Concretizing the title of this post, in their treatise on civil law, F. Terré and P. Simler say that “natural wisdom tells us that it is necessary to know how to keep one’s distance. What is often found in human relations is also applicable to the distances that must be kept between certain properties, in order to facilitate neighborhood and favor harmony in the city”; we have to turn, in the absence of any ordinance in this respect, to the following articles of the Civil Code:
Article 591. Trees may not be planted near another’s property except at the distance authorized by the ordinances or custom of the place, and, failing that, at a distance of two meters from the dividing line of the properties if the planting is of tall trees, and at a distance of 50 centimeters if the planting is of shrubs or low trees.
Can I sue a neighbor for a window overlooking my yard?
On this occasion we address a frequently consulted issue. It is usual in the communities of neighbors the discussion of if the terraces of the penthouses and first floors are private property or are communal areas with a privative use, in order to determine to whom corresponds the operations of maintenance and repair.
To begin this analysis, we will say that the document from which the final conclusion must be extracted is the constitutive title of the community (integrated by the horizontal division and the community statutes). This is determined by the Civil Code and the Horizontal Property Law.
From here, there are many nuances that can be applied with respect to the characteristics of the use, type of installations that can occupy the terrace, accesses to the terrace, etc. that are analyzed by the Courts and Tribunals individually according to the circumstances of the concrete case.
I can build against my neighbor’s wall
In the poum it says: h) Separation of the building to the limits: 5,00 meters in the streets and 3,00 meters in the rest. The separations between buildings on the same plot will be equal to half the height of the highest of them, but never less than 3 meters.
h) Separation of the building to the limits: 5.00 meters in the streets and 3.00 meters in the rest. The separations between buildings on the same plot will be equal to half the height of the highest of them, but never less than 3 meters.
j) Auxiliary buildings: Within the maximum occupancy, one auxiliary building per 400 m2 of plot will be allowed for uses such as storage rooms, garages, dressing rooms, installations, except for housing. Its occupancy shall not exceed 7% and its height shall not exceed 3.30 m. The auxiliary buildings may be attached to the neighbor’s threshold, but only for a maximum length of 6 m and may not invade the 5 m strip of separation from the alignment of the road, except in the case regulated in Article 86.2.