Overbuilding (fence, garage) by neighboring property! How to regulate that?

Alright, then the core question is how this massive (!) encroachment could have happened and whether it has already been legally managed in terms of building regulations or can be managed; respectively, whether it should be managed.

If the encroachment remains, it definitely entails a depreciation of the WEG's property (see post by ), the question is how to enforce this depreciation against the developer. One possibility is a so-called encroachment annuity, which would be credited to the WEG either as a lump sum or annually if reconstruction cannot or should not be carried out.

What I find unpleasant about the matter is the long duration of 5 years; normally, one must object immediately in such cases. Fundamentally, this can be resolved by easement(s), a property subdivision, and/or reconstruction.

Best regards Dirk Grafe

The neighbor's garages (apartment building) have been standing for about 5 years. A single-family house stood on our property until 1 year ago.

Hello,

then a civil law encroachment according to § 912 of the Building Code exists, to which the previous single-family house landowner should have objected immediately back then. Encroachment only applies if there was no intent or gross negligence on the part of the encroaching neighbor ("border not checked" is probably to be considered as such grossly negligent behavior).

If the encroached previous single-family house owner did not object to the encroachment, the encroachment must thereafter be tolerated (i.e., not removed, because it is practically time-barred). As financial compensation for this duty to tolerate, there is the so-called "money rent" according to §§ 913, 914 of the Building Code (which, however, is not registered in the land register, § 914 II Building Code).

And important: The purchase of the encroached part of the property by the neighbor can also be demanded at any time, § 915 Building Code. (Whether this can possibly still be claimed at any time now is a detail question, keyword statute of limitations and from when, probably only from when the purchase request was notified). The money rent is not credited against the price.

If, on the other hand, the neighbor wanted the encroachment and thus knew what he was doing, so it was not an "accident," then there is no secondary claim for money rent, but primarily the removal is owed – but against this speaks the long tolerance by the previous owner.

So, many detailed questions, the subsequent clarification of which is likely to be difficult.