DG
2016-05-17 15:21:46
- #1
Hello Dirk, For legal certainty: A building encumbrance (Baulast) only has public-law effect towards the authority and legal successors, not civil-law effect between neighbors (in my opinion, that requires either a servitude or the purchase of the built-over part).
I see that differently, because the building encumbrance also takes effect on the respective owners through the "lever" of the parcel relationship. An access-building encumbrance, which is required for example for a rear-located building right-wise, regulates that the respective owner of the rear parcel is allowed within the secured area to drive, walk, and lay/use pipes, and the owner of the servient parcel must tolerate this; additionally, as far as I know, this is not secured by a servitude.
Independent of that is the financial, private-law compensation.
Best regards Dirk Grafe