Neighbor is building a garden house, the roof extends beyond the property boundary

  • Erstellt am 2023-05-28 20:37:38

WilderSueden

2023-05-30 09:12:06
  • #1
Back to the regulation. The Building Code says the following about it:
§ 912 Encroachment; Duty to tolerate

(1) If the owner of a property has built a building over the boundary without intent or gross negligence, the neighbor must tolerate the encroachment, unless he has raised an objection before or immediately after the boundary crossing.

If someone places the wall directly on the boundary, I do not see this as an oversight but as intent. Because it is clear that the entire roof overhang protrudes onto the other property. The paragraph is more intended for situations where the gutter extends 2cm over the boundary because of a measuring error. I would still raise an objection, first verbally and if that leads to no agreement, again in writing.
 

sascha-t4-le

2023-06-01 15:41:54
  • #2
As a suggestion: The neighbor wanted to build a wall on the border that was not allowed. They agreed that my acquaintance could use this wall (plants, etc.) and of course put that in writing. Maybe that would be something for you?
 

aero2016

2023-06-01 19:22:50
  • #3
How should he sensibly use the roof overhang? As a shady spot?
 

guckuck2

2023-06-01 19:31:51
  • #4
Lean-to roof as a tomato shelter?

Would be interesting to read something more from the OP
 

Tolentino

2023-06-01 20:13:27
  • #5
I would dry fish on it. Then you could also forget about it or cut it too thick, so it smells really disgusting. Sometimes a piece of fish falls exactly between the fence and the shed wall. hihihi
 

sascha-t4-le

2023-06-02 08:58:27
  • #6
To do this, one must know the situation on site; it is also about a compromise. But one can also, if necessary, use the roof overhang sensibly by storing firewood against the wall and protecting the roof from rain. Anyone else have a suggestion? The last 3 posts were already really strong....
 

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