Consent for temporary border construction, is a right of withdrawal necessary?

2016-04-20 17:28:33

to summarize:

Neighbor is building things on their property without permission and now wants to have them approved, but needs your consent because they have not complied with setback regulations.
Putting aside that it would not be beneficial to the neighborhood: why should you agree to this? what do you get out of it, except possibly having problems when selling later.

If you "should" agree to it, one could arrange that you also get some kind of benefit. e.g. more meters of setback construction or that they pay for the boundary hedge alone or something like that. bearing the consequences of their own stupidity (the setback regulations can be obtained from the building authority or read online) is much more than just neighborliness. also consider that they have already finished building and are under some pressure to get your permission.

2016-04-20 21:51:39

Your assumption is imho not correct nordanney. This agreement, if it is made, is a private law matter. A new owner does not have to comply with it.

Maybe Otus will comment on the matter; he will know exactly.

Bauexperte von unterwegs

2016-04-20 22:38:01

Your assumption is, in my opinion, not correct nordanney. This agreement, if it is made, is private law. A new owner does not have to comply with it.

Maybe Otus will still comment on the matter; he will know exactly.

Bauexperte on the go

If something is agreed upon under private law and not established as an official building encumbrance, it is pointless for the original poster or the neighbor. A registered building encumbrance can actually be agreed with a revocation in NRW. I spoke briefly with our lawyers today – however, I didn’t really understand the matter involved.

De facto, however, the original poster only has two options. Agree and receive compensation or not agree.

2016-04-21 05:36:37

Then the whole thread is pointless. It can of course only be about legally possible considerations.

Best regards
Dirk Grafe

I meant that there is ZERO interest in building a garage onto the neighbor's property...

2016-04-21 05:42:17

to summarize:

Neighbor is expanding things on their property without permission and now wants to have them approved, but needs your consent because they did not comply with boundary construction regulations.
Putting aside the fact that this would not be beneficial to the neighborhood: why should you agree to this? What do you gain from it, except possibly having problems later when selling.

If you "should" agree to this, one could arrange for you to receive some advantage in return. For example, more meters of boundary construction or that they pay for the boundary hedge alone or something like that. Covering for their own stupidity (the regulations for boundary construction can be obtained from the building authority or read online) is more than just neighborly kindness. Also consider that they have already finished building and are under some pressure to get your permission.

They did ask us "informally" before starting construction (however without submitting the plans).
But again, they can build the terrace there as far as we are concerned, we have no objection and will have none, since on that side we have the most space on the property between the boundary and the house anyway. In other words, our side will at most have kids’ toys or a small pool, so the neighbors would more likely have to deal with the noise and splashing.
It is solely about the fact that a buyer would at least have the right to initiate a dismantling...

2016-04-21 05:44:25

If something is agreed upon under private law and not established as an official building encumbrance, it is pointless for the original poster or the neighbor. A registered building encumbrance in NRW can indeed be agreed to include a revocation. I spoke briefly with our lawyers today – however, I did not really understand the specific case involved.

In fact, the original poster only has two options. Agree and receive compensation or not agree.

I don't understand now, if a revocation can be agreed upon, wouldn't everything be as desired?

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Consent for temporary border construction, is a right of withdrawal necessary?

Payday

Bauexperte

nordanney

Peanuts74

Peanuts74

Peanuts74