Illegal construction without minimum distance to neighboring property

Perhaps also an alternative: he receives a part of the border strip from you, you receive an equivalent part from him. He pays the notary.

Many thanks to everyone who responded
Especially ! You speak from the heart! That’s basically how I think too!

: You are my last puzzle piece as to why there is always talk of “liberation.” But who guarantees me that with my signature no misuse is made and I then still have a land register entry? Especially since the documents were for a building permit and not for a deviation.

: Selling a strip is out of the question because a few years ago we had the curb lowered at this spot for a possible carport. That would be lost.
Our property is about 900 sqm and if it ever comes to a sale, taking over setback areas would really be a problem.

@Pinkiponk: Selling a strip is out of the question because we had the curb lowered at this spot a few years ago for a possible carport. It would therefore be lost. Our property is about 900 sqm and if it ever comes to a sale, transferring setback areas would really be a problem.

You could of course also put the establishment of a new driveway on your wish list for the neighbor in my version.... and your property wouldn’t have to get smaller because of it, as already mentioned.

Or the original poster only signs the acknowledgment of the construction plans for subsequent legalization. This does not encumber their own property; the original poster thereby only expresses that the construction to be legalized does not bother them. This signature then opens up the possibility for the district office to grant the neighbor a variance according to Art. 63, BayBO. There are then no building restrictions or loss of value. Whether one is willing to do this for good neighborly relations or for a handful of dollars is something everyone must weigh for themselves.

That would probably be the original poster’s preference. Would this mean that they basically only declared themselves not aggrieved in terms of neighbor protection (which made it easier for the district office to refrain from ordering a demolition); and a declaration to assume setback lines could not yet be “extracted” from this, but would first require further active participation (in the form of a notarized statement)?

If the relationship was good, and it did not disadvantage you, then sign.

De-escalation is all well and good, but pacifism can also “hit” the wrong person:

Basically unpleasant, I wouldn’t accuse the former owner of anything, maybe he didn’t know either.

Given the general depth of German regulation, I consider it almost impossible for someone to engage in unauthorized construction without criminal intent.

You could of course also add the creation of a new driveway to your wish list for the neighbor in my version.... and your property would not have to become smaller because of this, as already mentioned.

I do not yet follow your reasoning here (not out of disagreement, but due to lack of understanding).

I do not yet follow your thoughts (not for reasons of opinion, but due to lack of understanding).

The original poster gives up a strip 0.7 meters wide and x meters long along the border to the neighbor, totaling x m2. In return, he receives a part of at least the same size ceded by the neighbor. The neighbor pays for the necessary relocation of the curb lowering (possibly also changing the fencing) as well as the notary and land registry fees as the "disturber." This legally cures the neighbor and the original poster only has a slightly differently shaped property, but it is just as usable as without the disturbance.

You mean, ideally she exchanged that for the possibility of a 70 cm wider carport? - such a thing could exceptionally soften my attitude