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

  • Erstellt am 2016-05-11 13:40:15

DG

2016-05-17 15:21:46
  • #1


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
 

Otus11

2016-05-17 16:53:24
  • #2


That is also correct in terms of the actual "effect" (and in practice that may be sufficient), but the effect / authority is only public-law in nature.

Control question:
What do I do if the authority simply does not intervene in case of violations; for example, if the neighbor no longer lets me through the access road or cuts off the supply line?

Or conversely: Is the building authority allowed, by way of a regulatory order, to effectively intervene in the private-law dispute between the parties and grant the building encumbrance beneficiary a usage possibility that he could not claim under private law without more? (No, it is not allowed).

While the building encumbrance establishes a public-law obligation and basis for intervention vis-à-vis the building supervisory authority, it does not establish a corresponding private-law obligation towards the beneficiary of the building encumbrance. The latter has neither a civil law nor a public law claim to use in accordance with the granted building encumbrance. To establish a usage right of the beneficiary, a separate private-law agreement is rather necessary (consistent Federal Court of Justice case law).
The building encumbrance gives the building authority a basis for intervention in the event of a violation. According to prevailing opinion, however, it does not establish a subjective public-law right of the building encumbrance beneficiary to the intervention of the building supervisory authority to enforce the building encumbrance.

But I think we are now somewhat deviating from the topic.
:oops:
 

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