Pinky0301
2020-08-19 19:56:58
- #1
Does the neighbor actually have any claims against the seller because he sold him an illegal building? Do I, as the buyer, have to check beforehand that all the necessary boundary distances have been observed?
Yes, my partner and my family stand behind my decision. I hardly know the owner anyway, as he only rents out the house and has never lived in it himself. We only found out about the sale through the last tenants and then subsequently on the internet, never from him personally.The other party seems to be putting a lot of pressure on you. I hope you stand your ground. Do you have someone in your household who supports you in enforcing your justified interests? Please also don’t let yourself be pressured morally, setting boundaries is important for a good neighborly relationship. The other side would be the one to apologize and make amends, if at all.
With all the illegal constructions, almost double the living and usable area has been added (carport, shed, room extension...). Only a small part concerns us; the rest belongs to the other adjacent neighbors, but all boundary distances are correct there. Over the past years, that must have brought in quite a bit of extra rental income...I have thought about it again: In my opinion, the previous owner of the neighboring property/house owes you thanks because you "tolerated" his boundary violation, albeit out of ignorance, and since he was therefore able to offer his tenants more living space or living value, he may even have earned money from it. (?)
This is really the opportunity to set clear boundaries now. The new neighbors have to sort it out with the seller. The whole story has been going on since the end of January. I returned the application without a signature then. Then in mid-June (!!!) it came back that otherwise a penalty would have to be paid, etc. etc. As already mentioned, I requested a letter from the district office in June, for which I waited another good 8 (!!!) weeks because the architect was on vacation. At the beginning of August another call came saying it was urgent and that I should arrange several appointments with the district office... Even now, although he knows we are on vacation and I said that I MYSELF would get back if necessary, I already have another message on the answering machine. No idea how much storage space I still have on the answering machine. Well, whatever! Next week the vacation is over and with the next call the matter is resolved from my side.Therefore, I stick to using the sale of the neighboring property/house to now put everything in order and act according to law and regulations. That way you are on the safe side. And if I try to put myself in the shoes of your new neighbors (and they are relevant, not the previous neighbor), I think they should understand that.
As far as I understood, it also means when buying a house: bought as seen, with all rights and obligations. As a buyer, you should always check and compare the building file and land register beforehand.Does the neighbor actually have any claims against the seller because he sold him an illegal construction? Do I as a buyer have to check beforehand that all necessary boundary distances have been adhered to?