Concrete pillar necessary for purchase contract, who is allowed to set boundary stone?

Hi...

we wanted to buy our new plot of land a long time ago, but it hasn't happened yet because one of the boundary stones is missing. At the neighboring plot (8 (they just finished building)) there is none, or rather, there was once a concrete post with a cross placed there before their construction work started. This was apparently dug up by the construction company with the wheel loader, and since it was not a boundary stone like the others (made of plastic with a steel post and barbs), it was probably not given much attention, basically just as a reference point. Of course, we could dig for it with a spade and possibly set it again according to our measurements together with the neighbor (we were there yesterday)... but are we allowed to do that? Who is allowed to do that? Who is responsible for it? The property owner, i.e. the seller, doesn't want anything to do with it... he refers us to the construction company, but they also don't know exactly where it belongs and we don't want there to be problems later when measuring the house...

Hello,

we actually wanted to buy our new plot a long time ago, but so far it hasn't happened because one of the boundary stones is missing. Next to the neighboring plot (they have just finished building) there is none, or rather there used to be a concrete post with a cross set there before their construction work began. This was apparently dug up by the construction company with the loader, and since it was not a boundary stone like the others (made of plastic with a steel post and barbs), it was probably not given much attention, basically just as a reference point. ...

Honestly, I don't see the problem?

Your neighbor is obliged to ensure that the boundary stones are accessible at all times and that the survey of his property is observed. Whoever buried something there doesn’t matter to you — that’s something your neighbor has to sort out with the party responsible.

Ask your neighbor to have the missing boundary stone replaced. For that, he’ll need to have his surveyor come out again, and that’s it.

Rhineland greetings

If only it were that easy =(

The two plots were once 1100 sqm and 640 sqm in size, the larger one was then reduced by 190 sqm because the buyers found it otherwise too big and it was attached to "our" plot, which made it interesting in size (it is trapezoidal). After that, it was remeasured. The neighbors' plot has a 35 m long 4 m wide driveway that runs along in front of our plot, it basically looks like a pipe the neighbors' plot.

However, of the 4 boundary stones and 2 boundary markers, only 2 boundary stones (of which only one is buried and the other lies next to a wooden stake) and the two boundary markers are present. According to the seller of the plot, the other two boundary stones have been set, but he has not yet provided evidence of this/could not prove it so far. According to the builder who built the neighbors' house (which is already finished) there was no boundary stone at the corner of the two plots. After much searching, we also could not find any and currently we can only mark a point according to the site plans and the tape measure and as an orientation the other boundary stones of the houses from the first row. But as soon as I start to build and the house is surveyed and I only have a 2.90 m boundary distance, then there will be a problem...

Anyway, no one wants to take care of placing a boundary stone there and even if I found one, I wouldn't know where it is supposed to go...

That is what it's about right now. The neighbor and I don't care where the boundary point is, we agree on that, but that doesn't count...

Hello,

If only it were that easy =(

It is easy; see my answer. That doesn't change anything

Rhenish greetings