Building on family-owned property - green space with ground monument

  • Erstellt am 2024-09-05 14:56:53

11ant

2024-09-06 17:48:19
  • #1
What you are quoting, I have never denied, and it can also be a real stumbling block here if one wants to combine the opposite Hofstellensprenkel and the TE's property with the old clustered village core. However, I was referring to the fact that a property outside a scope would have absolutely nothing from it, even if it were directly behind the fence. Behind is behind remains behind. Whether there are ten or fifty meters between the property and a scope (whether of a development plan or similar) makes no further difference. What you are quoting would therefore rather argue against the neighbor houses shown having been permitted to be built at all (or that they were all approved with judicial bending). I don't believe either. Not even in Rheinlandpfalzistan.
 

K a t j a

2024-09-06 17:56:23
  • #2
What exactly do you mean by [Geltungsbereich]? A development plan? If there were such a plan, we wouldn't have any discussion at all. The question is precisely up to where §34 could apply. And that is where the previously quoted case law comes into play.
 

11ant

2024-09-06 18:15:11
  • #3
Not only a development plan, but also a rounding statute refers to a clearly defined area. There must be one of the two if the mentioned neighbors are not farmers (privileged) and have not built with unauthorized or unlawfully permitted construction. There can be several §34 areas as well as development plan areas within a municipality; therefore, a rounding statute cannot only include a part of a former outer area into a single inner area. The farmstead clusters do not necessarily have to be combined with the old clustered village core. What is, however, amusingly also not possible even where it would be more obvious, is the inclusion into the inner area of a neighboring municipality.
 

ypg

2024-09-06 23:09:52
  • #4
Exactly. I disagree with you because my experience is different. The plot marked in red was not building land until one waited several years for a positive decision. The house is now about 5 years old and is practically standing in a cornfield. The owners are neither builders nor foresters or anything similar. It works. But not in textbooks or self-study.
 

qwertz123

2024-09-08 22:22:25
  • #5
Hello everyone,

I wanted to provide some additional information.
Regarding BD, I have a question about the geoportal Brandenburg: in the map, nothing is marked as a Bodendenkmal on the parcel, so how can the BD symbol be interpreted? Is it just a supposition?



Then another question regarding uniform building (dispersion boundary - meadow). The house that is on the same side as the property, which was marked turquoise back then, also has a good 50-meter gap to the next house. Can this house serve as an argument from our side if the word sprawl comes up in the discussion since it seems to be ignored there as well?



Also, in this case, none of the residents who live there are farmers, hunters, or similar.



Also, the property itself is apparently not like a marsh as I previously indicated, since the soil where one wants to build is marked with "S5D" (see picture), and only the rear part carries the designation "Mo" for moor.
According to my grandpa, there is an expert opinion confirming that no frogs spawn there anymore.

Attached are some pictures:
One of the parcel itself again with the neighborhood (295)
One showing the location of the property within the village
 

ypg

2024-09-08 23:25:27
  • #6
You don't have to convince us, but the building authority. It doesn't matter how many people say what here. The only thing that counts is the (good) connection to the building authority, the appearance and the inquiry, as well as ultimately the application.
 

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