Naboloven digging

What does the neighbourhood law say about digging?

It is subsequent laws which regulates disputes about digging. The Neighbourhood Act is also called the grannelova.

In order for the Neighbourhood Act to apply, the excavation must be unreasonable or unnecessary to the detriment or inconvenience of the neighbour. In disputes about digging, it is the wording «unreasonable» and «unnecessary» that is worth noting.

What is unreasonable digging?

It's reasonable for your neighbour to want a new fibre optic cable with broadband into the house, but it's unreasonable for him to dig up your property in order for the cable to reach the house wall.

What is unnecessary digging?

It's necessary for your neighbour to dig to drain your home, but it's unnecessary for the excavator to drive through your garden to get there.

What rules apply to digging?

Under the Neighbourhood Act, neighbours are required to give notice of any excavation work that may cause damage or inconvenience to their neighbours. Neighbours are also not allowed to start digging without taking adequate measures against landslides, shaking, rubble and the like for the neighbouring property.

What is the tolerance limit?

There is always a limit to the inconvenience you have to put up with from your neighbour. This is often called the «tolerance limit». When this limit is exceeded depends on a discretionary assessment that in some cases must be decided in court.

Can I stop digging before my neighbour can start?

Answer. In certain cases, your neighbour's digging may be so inconvenient that it must be stopped before it has begun in order to prevent irreparable damage to your property. In such cases, you may be entitled to demand that the neighbour stops the work, or that the neighbour carries out the work in another way that does not harm or inconvenience you.

In such cases, it makes sense to contact a lawyer who is an expert in neighbour conflicts.

Can my neighbour dig on my property?

Answer. In principle, it is not permitted for your neighbour to dig on your property without your consent.

What can I do if my neighbour's digging is illegal?

According to the Neighbourhood Act, you can demand rectification and compensation if your neighbour's activities are illegal.

What is rectification?

This means that illegal activities must stop and be rectified. In this context, rectification can mean that the excavation is carried out in a different way, so that the inconvenience to you ceases.

What is compensation?

If the damage or inconvenience is not rectified, you can claim compensation. In order to receive compensation, you must suffer a financial loss as a result of your neighbour's digging. Such a loss is, for example, the cost of repairing damage to your foundation caused by the digging.

Compensation for a breach of the Neighbourhood Act requires that you can show that there is a causal link between the damage and the neighbour's digging. This is a strict liability. This means that the neighbour must pay compensation regardless of whether the neighbour is guilty or not.

Should I notify my neighbour about digging?

Answer. A neighbour notification is positive because it shows that you take your neighbours into account by informing them of what will happen. Most neighbours tolerate digging as long as the inconvenience is not too great and they know about the work in advance.

It's important to know that you can't dig as much as you want just because you send a neighbour notification. You still have to comply with laws and regulations.

How do I proceed in a neighbour dispute about digging?

The easiest way to prevent conflicts with neighbours is to raise the issue with the neighbour in a polite manner. If this does not lead to a solution, it is important that further dialogue takes place in writing. This should clearly state that you are complaining about digging. If this does not lead to a solution either, you should contact a lawyer who is an expert in neighbour disputes.

Do I need a lawyer?

What is unreasonable or unnecessarily inconvenient for you can be difficult to assess. It will also be challenging if the neighbour is difficult to communicate with. It may make sense to contact a lawyer who is an expert in neighbour conflicts, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In the event of a neighbour dispute, your home insurance or house insurance will normally have a legal aid cover. This covers your legal expenses up to NOK 100,000 in the event of an excavation dispute. You will have to cover the deductible for the insurance as well as any legal fees in excess of this amount yourself.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in property disputes. Our lawyers have extensive experience and are experts in neighbour disputes.

We always offer a free conversation about your case. Get in touch with us today.