Neighbor's garage protrudes 12 cm onto our property

Hello everyone,

During the surveying of our property by an officially appointed surveyor last year, it was discovered that the garage of one neighbor extends about 12 cm onto our property. The garage has been there for decades, so I am less interested in whether there is any claim to structural change. Rather, I am interested if this should be documented in any way or if it should be presented to the neighbor for signature.

Are there any experiences on how to deal with something like this? I simply want to avoid any disadvantage later on if it is not communicated to the neighbor in writing with confirmed acknowledgement now.

Best regards,
quisel

The Building Code has two solutions: an annual money rent to be paid in advance (§ 913) or the neighbor must buy the part of the property from you (§ 915).

The Building Code has two solutions: An annual rent to be paid in advance (§ 913) or the neighbor must buy the part of the property from you (§ 915).

Thank you very much for your answer. I am not interested in either - for me, it is more about the necessity of documenting the facts. Is something like that necessary so that in the end no one comes around in another 20 or 30 years and says, this has been built over like this for 60 years, so the boundary now runs differently?

No, the border is not shifted by this. However, it could hypothetically happen that at some point there is an official, so-called land consolidation procedure in which the boundaries are adjusted to reality and accordingly remeasured.

No one dictates the amount of your pension. Precisely to avoid any formal point of attack, I would choose this form and agree accordingly with the neighbor.

Documentation of the facts

takes place in the land registry.

Is something like this necessary

Not beyond the surveying documents in the land registry.

However, it can hypothetically happen that at some point there is an official so-called land consolidation procedure

No, not in localities. In the past, there were so-called re-surveys which became necessary due to improved measuring methods and large-scale surveying network adjustments. Nowadays, a land readjustment procedure would hypothetically still be conceivable, but the encroachment has no influence on it.

in which the boundaries are adjusted to reality and newly surveyed accordingly.

Not if no one invokes the Building Code. The boundary is formally established and the encroachment officially documented. Significant accuracy improvements through future surveying methods are no longer to be expected. I would do nothing unless the neighbor tears down the garage and wants to build anew.

No, not in localities. In the past, so-called re-surveys were necessary due to improved measurement methods and large-scale survey network adjustments.

I wouldn't want to agree with that. About 20 km from here (TM), land consolidation in localities was just completed about 5 years ago. As far as I know, resulting adjustment procedures have not yet all been completed. However, there was no purchase/sale obligation for private individuals. There was, however, a fixed symbolic price per square meter at which the corresponding areas were to be traded. The main purpose of the consolidation was to adapt the cadastre to the existing buildings, which mainly arose through generous interpretations of mine/yours between 1945 and 1990. In the process, of course, the cadastre's accuracy was also significantly improved by modern survey methods.