ᐅ Existing structure is located on the property boundary. What are the implications?
Created on: 27 Jan 2018 07:27
S
Specki
Hello everyone,
because of another thread, I just thought I would ask here as well.
About 2.5 years ago, I bought a plot of land with a house and a double garage (see attachment, the plot marked in red).
As you can see here, our garage is built directly on the boundary line with the neighbor. But his barn is also right on our boundary.
I believe my house is less than 3 meters (10 feet) away from the boundary at the front. The neighbor’s house on the other side is also probably closer than 3 meters (10 feet) to my property.
My house was built in 1964. I think the garage is even older.
When I bought the property, I was not yet aware of the three-meter rule. Nothing about it came up in the land register or during the purchase process.
Does this fall under existing use rights? Or could the neighbor demand that I tear down my garage? The plot to the left of mine will be sold in the next few months and will get a new owner. Could this cause problems?
Maybe someone knows how this situation stands legally.
Thank you.
Regards,
Specki
because of another thread, I just thought I would ask here as well.
About 2.5 years ago, I bought a plot of land with a house and a double garage (see attachment, the plot marked in red).
As you can see here, our garage is built directly on the boundary line with the neighbor. But his barn is also right on our boundary.
I believe my house is less than 3 meters (10 feet) away from the boundary at the front. The neighbor’s house on the other side is also probably closer than 3 meters (10 feet) to my property.
My house was built in 1964. I think the garage is even older.
When I bought the property, I was not yet aware of the three-meter rule. Nothing about it came up in the land register or during the purchase process.
Does this fall under existing use rights? Or could the neighbor demand that I tear down my garage? The plot to the left of mine will be sold in the next few months and will get a new owner. Could this cause problems?
Maybe someone knows how this situation stands legally.
Thank you.
Regards,
Specki
I don’t see any mention of illegal construction. I see a copy of an official site plan – isn’t that an indication that everything is lawful?
Was the house retrofitted on the exterior walls? Was insulation added, reducing the 3-meter (10-foot) distance by the thickness of this additional layer?
Was the house retrofitted on the exterior walls? Was insulation added, reducing the 3-meter (10-foot) distance by the thickness of this additional layer?
tomtom79 schrieb:
I can place a garage directly on the property line. That is true. However, your first statement
tomtom79 schrieb:
Garages do not necessarily require building boundaries does not clarify anything, which is why I asked what you meant by it.
tomtom79 schrieb:
A house, even if the building boundary allows it But the original poster’s house is not located on the boundary; it is at a distance smaller than the minimum distance required by national law (which still needs to be proven). I have never seen such a regulation established.
tomtom79 schrieb:
and one should know what a building boundary is. I do know that, which is exactly why I don’t understand what you mean with
tomtom79 schrieb:
building boundaries can also be less than 3 meters. ypg schrieb:
I see a copy of an official site plan – isn’t that proof that everything is legal? No. A building can be recorded in the cadastre in various ways. This can range from a qualified building survey, to field comparison, to aerial image evaluation. Therefore, the actual distance to the property line cannot be determined from the cadastral map without knowledge of the coordinate accuracy. Even if a building survey reveals a breach of the minimum distance, the building authority generally does not get notified.
ypg schrieb:
I don’t see anything about illegal construction. But the original poster asks
Specki schrieb:
Or could the neighbor say I have to demolish my garage now? This question wouldn’t make sense if they didn’t suspect that the previous owner had done something illegal on the property.
Specki schrieb:
So everything should be fine, I think. I think so too. If the new owner has complaints or if you plan changes to your house, you can start a new thread.
@Escroda I don’t know under what conditions the 3-meter (10 feet) building setback can be reduced—maybe a municipal council decision? In Baden-Württemberg, for example, 2.5 meters (8 feet) are allowed in some new development areas.
Therefore, he should check the building code if there is one, to see what applies to him, and not worry right away about illegal construction.
Therefore, he should check the building code if there is one, to see what applies to him, and not worry right away about illegal construction.
Well, since the neighbor doesn’t respect their 3-meter (10 feet) setback either, there will probably never be any issues there. The 3-meter (10 feet) setback is ultimately a civil matter. As long as all relevant neighbors agree, you can basically do whatever you want on the property line. You could even build a full 30 by 30 meters (100 by 100 feet) garage if the neighbor agrees (building burden).
The 3-meter (10 feet) boundary construction falls under a different category. However, the house is shown on the map, meaning it was measured and everything is correct.
Otherwise: don’t worry anyone unnecessarily!
The 3-meter (10 feet) boundary construction falls under a different category. However, the house is shown on the map, meaning it was measured and everything is correct.
Otherwise: don’t worry anyone unnecessarily!
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