holm667
2022-06-08 21:55:50
- #1
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

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