Boundary to the neighbor with garage built over by approximately 1-2 cm

Wow, thank you very much for the quick replies!!!

Who says that? Who determined that? How did they determine that?

I measured it myself with a folding rule and a right angle, as precisely as possible. The problem is that the boundary stone is at the front of the property and of course not where the garage will later be. That means I tried to extend the line from the boundary stone in front to the garage. But even then I still don’t know 100% exactly where the boundary runs... Here is a (not to scale) sketch to illustrate it.



And without being able to measure it exactly, it’s also hard to accuse the contractor of not fitting it (he claims he has kept all distances). Nor can I prove to the neighbor that I have not encroached. My fear is simply that once the garage is standing and the neighbor eventually builds something themselves, there will be considerable trouble.

Of course, I will seek a conversation with the neighbor, but before that I would like to be somewhat prepared. In the worst case, can he still demand the garage be removed even years later? Or can you somehow "buy your freedom" (built-over sqm x standard land value x e.g. 100% surcharge or something like that)?

if you only have 2.98m available now and then exterior plaster is applied and afterwards the garage has a 1-2cm gap to the house (you can never place it to the millimeter exactly against the plastered house) and maybe the garage also becomes 1cm wider, the walls are not 100% straight... in the end the garage stands 4-5cm on the neighbor’s property.

That’s exactly my fear as well. I would feel more comfortable if we rather left a 4-5cm safety distance and not the other way around.

But I still don’t know exactly 100% where the boundary line runs there

Right. Even if you had a highly precise measuring device – in mechanical engineering, tachymeters are used in the submillimeter range – and were familiar with geodetic measuring methods, the true boundary line would remain unclear because you don’t know if the boundary markers are still correctly placed on site. And as mentioned, the position of the boundary markers can’t be determined more accurately than about 2 cm.

I just can’t prove to the neighbor that I haven’t built over the boundary.

You don’t have to. He has to prove that you have built over the boundary.

The concern is simply that once the garage is built and the neighbor eventually builds himself, there will be considerable trouble.

Because of 2 cm? No expert in their right mind would derive a boundary violation from that.

I will of course try to talk to the neighbor.

I wouldn’t.

Can he, in an extreme case, still demand in a few years that the garage be removed?

No.

Or can you somehow “buy your way out” (built-over sqm x standard land value x e.g. 100% surcharge or similar)?

Yes. If things go really badly, your neighbor has too much time and money, a surveyor delivers a thoughtless documentation of the building survey, and a clueless judge unreflectively accepts the 2 cm as given, you have to pay an overbuilding compensation according to §913 of the Building Code. But you could then sell that story to a private broadcaster.

I would feel more comfortable if we left a safety margin of 4-5 cm rather than the other way around.

Is the residential house already standing? Then have a surveyor come, preferably a publicly appointed surveyor engineer. They will document the exact boundary distance, and then you order the prefabricated garage. Shouldn’t cost more than €300 (ask beforehand). If something does go wrong, you have someone liable.

You are currently basing your assumptions on your own measurements, whose tolerance alone is greater than the potential encroachment you determined, due to the boundary stone tolerance. Too much, would be, could be. I wouldn't make a fuss about that.

Since it also fits well, a quick side question. It is similar for us, but we haven’t planned a garage. Our house was supposed to be 3.5m from the boundary line; I have now also extended the line of the boundary stones with a guideline. Not exactly precise, due to elevation rise and slope, but I only get 3.15m. What do you do if 35cm are missing? We actually wanted to park the cars there and have a bicycle/tool shed behind it. However, it seems quite tight to get past the car there.

Since it fits well, a quick intermediate question. For us, it is similar, only we did not plan a garage. Our house should stand 3.5m from the boundary, I have now also extended the line of the boundary stones with a string line. Not entirely exact, there is an elevation rise and slope, but I only get 3.15m. What do you do if 35cm are missing? We actually wanted to park the cars there and have a bicycle/tool shed behind it. However, it seems quite tight to get past the car there.

how far are you allowed to be?

35 cm is already a whole different league

35 cm is already a different league

I thought so.

I have now also extended the line of the boundary stones with a guideline

Show some photos of the boundary stones, preferably with a horizontally aligned camera and reference points (curb edge, street, vertical fence post, or similar) and your construction. Can you do a control measurement on the other side of the building?

What do you do if 35 cm are missing?

Take the foreman or surveyor by the a... if it's firmly confirmed. As long as distances and building envelopes still fit, at least there won’t be trouble with the authorities. It’s probably very difficult to quantify an actual damage. Who did the building staking?