Build a garage about 1 meter on the neighbor's property. What are the possibilities?

Hello, I am currently planning the construction of a garage, but since I have to extend one meter into the neighboring property due to the length and I am allowed to do so because the owner is my brother, I am now wondering what options there are for securing this. Or how I can secure it notarized so that I do not have to demolish the garage if the property owner is no longer my brother. Thank you in advance for the information

Google "baulast"

For a building on multiple plots, only the [Vereinigungsbaulast] is an option. In this case, the plots are treated as one plot for building law purposes, which can be very problematic, especially if the owner of the plot is no longer your brother. Although it may be more expensive in the short term, the subdivision of the brother's plot is certainly the better solution in the long run. Have the three or six square meters measured out from the neighboring plot by a surveying office and merged with yours.

... however, because of the length I necessarily have to extend one meter into the neighboring property and I am allowed to do so since the owner is my brother, I am now wondering what possibilities there are for securing this. Specifically, how I can secure myself notarially and avoid having to demolish the garage if the property owner is no longer my brother.

Take a look here internally in the forum regarding terminology from another thread, # 20:

Take a look here internally in the forum regarding the terminology from another thread, # 20:

: in this case, it is not only about development on the boundary, but about an overbuilding of the boundary. Without (combination) building encumbrance and/or overbuilding encumbrance, in my experience, no building authority will grant approval, and in the exemption procedure (simplified approval procedure), this is definitely not possible or the architect will encounter problems.

If I understand your post from the other thread correctly, this temporary approval is only valid until the building permit is granted – which is issued by the building authority and, as mentioned above, will only approve it if it is legally secured. So either through building encumbrance(s) or, as correctly explained by , through property subdivision.

Best regards Dirk Grafe

Hello Dirk,

yes, that is completely correct, with one exception:

The other internally linked post was about whether and for how long a granted neighbor consent can possibly be revoked afterwards (namely only until the receipt of the building application), for example if the owner changes later. However, it was not directly about limiting the consent in time (which may indirectly be the consequence).

Regarding legal certainty:
A building encumbrance only has an effect under public law towards the authority and legal successors, not under civil law between neighbors (in my opinion, this requires a servitude or alternatively the purchase of the built-over part).