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Username_wahl13 Mar 2016 10:17Hello, the foundation slab of our garage extends right up to the property boundary. Unfortunately, the garage itself (mainly the ventilated wooden facade) protrudes about 8 cm over the boundary line along a length of 7 m (23 feet) and this extends beneath the neighbor’s garage roof, which overhangs by 1 m (3 feet 3 inches) here (there is a green strip). We have come to an agreement with the neighbor and naturally, we do not want to carry out unnecessary demolition.
The question now is whether we should inform the authorities immediately or just wait to see what the land registry office says when they come to re-measure in two years.
The question now is whether we should inform the authorities immediately or just wait to see what the land registry office says when they come to re-measure in two years.
EveundGerd17 Mar 2016 17:16Make sure to document in writing what has been agreed with the neighbor.
Whether the land registry office will come in two years is uncertain. We moved in on July 15 and the final survey took place in January.
So it can also be done quickly.
Whether the land registry office will come in two years is uncertain. We moved in on July 15 and the final survey took place in January.
So it can also be done quickly.
Hello Passive House enthusiasts!
Such encroachments are recorded in the land registry only for informational purposes so that the next surveyor immediately sees that there is an encroachment. No report is made to the building authority (practice in North Rhine-Westphalia, but I can’t imagine it’s handled differently elsewhere). These encroachments have no impact on the boundary line location, and building surveys are not boundary surveys, so they are conducted without formal acknowledgment from owners or neighbors.
Through subdivision or easements, it is usually difficult to resolve these encroachments legally, as the costs generally do not justify the benefits. Therefore, if anything, an encroachment compensation or similar arrangement is agreed upon. When inquiring at building authorities, you will often hear that anything up to demolition is possible, but demolition must be proportional to the inconvenience caused to the neighbor.
Personally, I refuse to prepare easement plans for such encroachments because the entire encroachment of 0.08m (3 inches) over a 9m (30 feet) garage length is less than 1 square meter (9.0m x 0.08m = 0.72m² (7.8 sq ft)).
Pragmatic solution: Invite the neighbors for a barbecue and have cold drinks ready.
Best regards,
Dirk Grafe
Such encroachments are recorded in the land registry only for informational purposes so that the next surveyor immediately sees that there is an encroachment. No report is made to the building authority (practice in North Rhine-Westphalia, but I can’t imagine it’s handled differently elsewhere). These encroachments have no impact on the boundary line location, and building surveys are not boundary surveys, so they are conducted without formal acknowledgment from owners or neighbors.
Through subdivision or easements, it is usually difficult to resolve these encroachments legally, as the costs generally do not justify the benefits. Therefore, if anything, an encroachment compensation or similar arrangement is agreed upon. When inquiring at building authorities, you will often hear that anything up to demolition is possible, but demolition must be proportional to the inconvenience caused to the neighbor.
Personally, I refuse to prepare easement plans for such encroachments because the entire encroachment of 0.08m (3 inches) over a 9m (30 feet) garage length is less than 1 square meter (9.0m x 0.08m = 0.72m² (7.8 sq ft)).
Pragmatic solution: Invite the neighbors for a barbecue and have cold drinks ready.
Best regards,
Dirk Grafe
If this happened unintentionally, the neighbor should have pointed it out to you directly (preferably during the concrete pouring) and would likely have a good chance of having the structure removed. Later on, the best outcome might be the kind of arrangement Dirk Grafe mentioned.
It is different if you did it knowingly and deliberately (with intent). If that is the case, there is a good chance the removal will have to be carried out even years later.
Why does the garage extend 8cm (3 inches) beyond the boundary in the first place? Nowadays, measurements and fabrication can be done very precisely.
It is different if you did it knowingly and deliberately (with intent). If that is the case, there is a good chance the removal will have to be carried out even years later.
Why does the garage extend 8cm (3 inches) beyond the boundary in the first place? Nowadays, measurements and fabrication can be done very precisely.
merlin83 schrieb:
Why does the garage even extend 8cm (3 inches) beyond the boundary? Nowadays, precise measurements and custom fabrication are possible.This happens every day for a variety of reasons.
Best regards
Dirk Grafe
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