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.
§ 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.