Carport roof and too long boundary construction

Hello everyone,

we have acquired a previously undeveloped plot of land and had a site plan drawn up. Our planning office pointed out that the roof of our neighbor's carport extends 36cm onto our property. The permissible boundary construction of 9m is also exceeded by about 3m.

In principle, these things do not bother me, but I do not want to tacitly accept them either. I am also not interested in a neighborhood dispute.

After some research on the subject, a few questions have arisen:

1. The carport has been standing for several years. The previous owner (a non-local real estate company) apparently did not raise any objection so far. Can I still file one as the new owner now?
2. The issues are now visible on the prepared site plan. Should something like this be noticed by the building authority when reviewing our building application, and should the neighbor be asked for a statement?
3. As far as I have read, it would be a good agreement according to $902 of the Building Code to demand a symbolic rent (e.g. 1€ annually) in order not to accept the situation without objection. How does one approach something like this? Is a self-drawn contract with the neighbor sufficient?
4. Are there other ways to protect my interests without causing a big dispute?

Thanks and best regards

Building on the border is not fundamentally prohibited. However, if the maximum permissible length of 9 m is exceeded, the so-called privilege is lost and the carport triggers its own setback areas. These extend over your property. This, in turn, could be regulated by a setback area easement. However, easements usually involve a disadvantage for the easement holder and are compensated through private law agreements.

You can contact the responsible building authority and inquire about the building permit for the carport.

Please upload a meaningful plan/site plan. You can't see where your, where the affected neighbor's property is. And: does the development affect you?

Post a meaningful plan/site map. You can't even see where your property is, where the affected neighbor's property is.
And: does the development concern you?

The plan is there and he is the affected one, so that is more than clear.

Hello everyone,

thank you for the previous comments. Since there are still questions, here are the explanations based on the graphic attached to the initial post.

[*]The image shows, as an excerpt from the site plan of our surveyor, the boundary between our until now undeveloped property (left) and the developed neighboring property (right side). The purple dashed lines represent the boundary of my property.
[*]The "canopy" between A5 and A6 is the mentioned carport, whose roof extends 36 cm onto our property (this is also indicated in the site plan as "G-0.36").
[*]"GaFD" and "SchpFD" are additional garages/sheds on the boundary, with which, including the carport, the allowed boundary construction of 9m is exceeded.
[*]The hedge planted by the neighbor also stands entirely on our property (does not bother me, as I probably would have planted something similar).

Best regards

I see the issue of the setback areas as critical here. If you want to legalize the neighbor's construction, you will have the setback areas on your property as a building obligation. Accordingly, you have to consider whether you want that or if the neighbor should rebuild. Of course, this is not an ideal start for the neighborhood relationship, although I must also say at this point that the neighbor obviously literally knows no boundaries, even though the hedge stands on your property. To what extent would the setback area and encroachment bother you, and would a compensation payment be a solution for you? Basically, I would talk to the neighbor, but not make unwanted compromises to save an alleged neighborhood peace. Otherwise, there is of course the possibility of a quid pro quo. You pretend not to have noticed the boundary length issue and take something for yourselves in return ;)