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
tomtom79 schrieb:
In Bw sind zb. 2.5 in vereinzelten Neubaugebiet erlaubt. In Baden-Württemberg, the minimum distance is generally only 2.5 meters (8 feet 2 inches). In the other federal states, except for Hamburg, it is 3 meters (9 feet 10 inches).
Payday schrieb:
allerdings ist das haus in der karte drin, heißt, es wurde ausgemessen und alles hat seine richtigkeit. No. See #10.
Basically:
If it is registered in the land register and none of the parties involved now were part of the original construction, the likelihood that a new neighbor could successfully sue for demolition is almost zero. Of course, it would be interesting to know whether the garage was approved by the builder or not, or if it complies with current regulations today. Here in Lower Saxony, building directly on the boundary line is allowed as long as the building height does not exceed 3 meters (10 feet), and I believe it does not exceed 9 meters (30 feet) in length (but I would have to check this number).
This does not mean, of course, that such a structure is not subject to approval or at least notification requirements.
So as long as you do not want to remodel or replace the garage, I wouldn’t worry about it. Especially since the new buyer also sees the existing structure and should or could raise concerns before the purchase. But if it is marked on the cadastral plan, why would a potential buyer think to investigate whether the structure was properly applied for? From my point of view, that makes absolutely no sense, and the structure would have to be really ugly for me as a neighbor to pay attention to something like that.
PS: Even with the agreement of all neighbors, you can’t just do “whatever you want.” That certainly makes many things easier, but for most construction projects at least a notification is required, and the city or municipality can definitely object or set conditions.
If it is registered in the land register and none of the parties involved now were part of the original construction, the likelihood that a new neighbor could successfully sue for demolition is almost zero. Of course, it would be interesting to know whether the garage was approved by the builder or not, or if it complies with current regulations today. Here in Lower Saxony, building directly on the boundary line is allowed as long as the building height does not exceed 3 meters (10 feet), and I believe it does not exceed 9 meters (30 feet) in length (but I would have to check this number).
This does not mean, of course, that such a structure is not subject to approval or at least notification requirements.
So as long as you do not want to remodel or replace the garage, I wouldn’t worry about it. Especially since the new buyer also sees the existing structure and should or could raise concerns before the purchase. But if it is marked on the cadastral plan, why would a potential buyer think to investigate whether the structure was properly applied for? From my point of view, that makes absolutely no sense, and the structure would have to be really ugly for me as a neighbor to pay attention to something like that.
PS: Even with the agreement of all neighbors, you can’t just do “whatever you want.” That certainly makes many things easier, but for most construction projects at least a notification is required, and the city or municipality can definitely object or set conditions.
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