Part of the property as an overall participation

  • Erstellt am 2020-05-07 11:36:56

tucana1

2020-05-07 13:08:28
  • #1


Our property is at the end of the path. It is the second to last property on our street. The street is a dead end and can only be accessed from one side.


We did not build the carport ourselves. The neighbor to our right also owned our property. They sold it to us last year due to family reasons.
According to the previous owner, he built the carport himself about 30 years ago. We took this over in the purchase contract. If our previous owner bought the property with the carport like this, do we have to be liable for the fact that he constructed the carport incorrectly 30 years ago?

In the course of the building inquiry, the city also addressed the carport with us. I told them that I am not aware of anything. The carport is still from the past.
 

Escroda

2020-05-07 13:15:34
  • #2

Public law: yes. Whether claims can be made against the previous owner must be determined under civil law.

What does that mean? Who said what?

What does that mean? Did you say you know nothing about a carport? Was the carport shown?
 

tucana1

2020-05-07 13:41:57
  • #3
We bought the plot in September 2019. It took until the end of November 2019 for all possible entries to be recorded. On January 2, 2020, we went to the building authority and submitted the building inquiry. We were personally at the building authority. The caseworker then looked at an aerial photo of our plot and orally informed us about the permissibility of the development and the erection of a bungalow. When he looked at the aerial photo, he said there was a carport on it. I confirmed it (it was obviously a carport). The caseworker informed us that as part of the building inquiry it would also be clarified whether we might have to demolish the carport because it does not comply with the requirements. That was the status in January this year. Until now we have been waiting for the building inquiry. Due to the current situation, we have been informed that we would have to wait for some time. As soon as we had the building inquiry, our architect would start planning so that we could hopefully apply for the building permit promptly and could start construction preferably still this year.
 

tucana1

2020-05-07 13:44:46
  • #4
Nevertheless, we also need to know the exact property boundaries, preferably down to the centimeter, so that we know where our property begins and where it ends. Unfortunately, there are no boundary markers, fence, etc. there.
 

K1300S

2020-05-07 13:47:15
  • #5
The boundary points can be displayed by the surveyor. For the planning, however, you don't necessarily need this, I think.

When construction begins, surveying will be done anyway and a batter board framework will be set up to clarify where the building is to be erected.
 

Escroda

2020-05-07 15:13:12
  • #6

No, but if he wants to make himself unpopular with the neighbors because of three yellow bags, he should at least be sure that they are actually on his property.
And if a neighbor who feels stepped on finds out that the carport protrudes into the street area, the demolition order will arrive faster than the next green waste collection.

But if that's already being considered, then it's not a worst-case scenario.
 

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