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

  • Erstellt am 2020-03-22 18:17:48

M4rvin

2020-03-23 08:06:14
  • #1
Setback area is not a problem, it would be 3m anyway. The house was built and planned by the [GU], I don’t even know who did what there now. I’ll try to take pictures later, but what exactly options do I actually have?
 

Slava_S

2020-03-23 08:20:30
  • #2
same case (terraced house), only I was the "injured party". We had it checked by a surveyor before starting the shell construction, and afterwards the neighbor did as well. The first suspected encroachment was about 5cm. In the end, something between 1-3cm. My lifetime was too valuable to me and the chances of success too unclear, even according to the architect. The following things annoy me to this day: - The shell builder on the other side and I discussed the planned distance of two cm (for the joint gap soft fiberboards) to the boundary twice and it was simply ignored, even after previous inquiry/notice. - My contact person is my neighbor and therefore I would have to sue him. The chain down to the shell builder is long, as is the duration, and both the general contractor and the shell builder know this. The relationship with the neighbor would then be slightly strained and the general contractor did not care. From my point of view, you have two options: - Simply ignore and wait to see what happens. - Have it surveyed and recommend the neighbor have the boundary surveyed as well. If a different distance to the house results, you can reach an agreement with the neighbor beforehand.
 

Escroda

2020-03-23 09:49:20
  • #3
IMHO none, but you can consult a specialized lawyer. Basically, it is always about damages, since all other attempts at remedy would be disproportionate. Undoing only works with demolition and rebuilding (€500,000), restoring the boundary distance (if the neighboring property is not yet built on) with land subdivision and consolidation (€5,000). But how high is the damage that has occurred or will occur to you? How do you want to calculate it? Without calculation, you cannot make a claim. If not everything has been paid yet, you should withhold money, report the defect, and ask for proposed solutions. In the end, one should agree out of court on the amount of the discount. What does your damage look like and how much was/is it? Oh dear. What would your goal have been? What would success have looked like?
 

kaho674

2020-03-23 10:19:20
  • #4
Wasn't that a row house where each plot is the same size? Or am I confusing it?
 

Slava_S

2020-03-23 11:13:21
  • #5
Hope I read the fun into it, otherwise I don’t understand the comment.

It depends on what damage is (legal, certified, etc.). What I meant by that is that I had the effort of dealing with it. In the end, I could have risked my construction start. "Injured party" because I had to accept a limitation due to incapacity, which was proven (both measurements showed a slight deviation). A success (remedying the situation, or something similar) was not reasonably achievable. So I let it go.
 

Escroda

2020-03-23 11:52:39
  • #6
What I wanted to say is that one should look at the measurement on the ruler. My thumb is 2.5 cm wide. And if you take a look at the border marks and observe how the surveying assistants place them, you shouldn’t worry about 3 cm. In my opinion, the fun stops at 5 cm, so in the case of terraced housing, it is okay to pursue it if there is suspicion that 5 cm have been built over, because it could then turn out to be 10 cm. Doesn’t matter. For all I care, also emotional damage, that you had sleepless nights. But I wouldn’t know how to express that in numbers. There are cases where 2 cm really matter, e.g., the one hinted at by . In practice, very rarely. If the prefabricated garage doesn’t fit into the gap, the additional costs for building a masonry garage are easy to quantify. With a scraped mirror or the necessity of a driving safety course, the causal link is already harder to prove. Fun fact: Did you know that in Germany there are regions where, just due to the mathematical projection of the earth's globe onto the map plane, the deviations between coordinates and the actually measured distances on the earth’s surface amount to 5 cm per 100 m? That means already one centimeter at 20 m.
 

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