Escroda
2020-08-18 19:45:20
- #1
If the OP were to sell and the new owners objected, would the "illegal neighbor" still have to remove the approved constructions?
No. These would be legalized. A buyer buys as seen. If it bothers him, he doesn’t have to buy.
And would the OP or a successor still be allowed to build something within the mentioned 3m boundary distance?
Yes. A deviation would have been granted.
that the boundary violation doesn’t bother you?
There is no boundary violation. That would be an encroachment. A shed or a garage could stand there completely legally. To be able to assess how restrictive the building actually is, many details are missing here. Therefore, I would like to learn more about the situation on site (site plan, aerial photo, windows, heights, etc.) before joining the "chop his head off!" calls.
But who guarantees to me that with my signature no mischief is done and I then still end up with a land register entry?
The conversation with the building authority. I don’t know what you are supposed to sign and whether this path without the formal assumption of boundary areas would be supported by the building authority at all. A common procedure is that a more or less short text is written on the building documents, which is then signed, e.g.
I have taken note of the building project. I agree with the boundary distance shortened to 2.30 m, insofar as no building law consequences arise for my property from this.
Only what is stated in this declaration is acknowledged by you. No further consequences can be derived from this, certainly no land register entries.
Did this mean that she declared herself not harmed only under the aspect of neighbor protection (which made it easier for the district office to waive the demolition order)
Yes.
and a declaration to assume boundary areas could not yet be "forced" out of her
Yes.
but rather required further active cooperation (in the form of a notarized declaration)?
Yes. It is important that the form "Consent according to Art. 6 para. 2 BayBO for the assumption of boundary areas" or a declaration with the same wording is not signed. Therefore, definitely have the authority advise you when it is clear what is being sought from the neighbor.