Renewed land division or just re-measurement?

Hello everyone,

the following situation

For sale is the plot 49, which has the same owner as plot 48.

Plot 48 has its house but built a piece over the border on plot 49 and naturally does not want to sell that piece when plot 49 is sold.

Unfortunately, the seller does not know how to proceed in such a case, and neither do I (as an interested party).

Since the seller is somewhat older, I have offered to also inquire at the building authority tomorrow. However, surely someone here knows what should be done first?

Register encumbrance or create new subdivision.

Plot 48 has built its house slightly over the boundary onto plot 49 and of course does not want to sell that part when selling plot 49.

I don't see the problem only in the encroachment, but already in the violation of the setback (?) of the part that doesn't even hang over the boundary. From my point of view, it would probably be wisest here to cut out the encroachment along with the setback and add it to 48. is missing here!

Register building encumbrance or new subdivision.

A building encumbrance registration is not desired.

New subdivision would mean commissioning a surveyor?

I don't see the problem only in the encroachment, but already in the distance violation (?) of the part that does not just hang over the border. From my point of view, the smartest thing here would probably be to cut out the encroachment along with the distance and add it to 48.

is missing here!

I do not have an exact plot measurement. The seller said approx. 17m width.

If I subtract the distance and the encroachment, that should add up to something.

Maybe will hear us after all and come to help :)

I do not have an exact plot measurement. The seller said approximately 17m wide.

The problem is the encroachment creates new setback areas. Here the encroachment looks like about 2 meters? Plus 3 meters on the left and another 3 on the right. The house is narrow but workable.

The problem is that the superstructure creates new setback areas.

Here the superstructure looks to be about 2 meters? Plus 3 meters on the left and another 3 on the right. The house will be narrow but it works.

That is exactly our problem as well.

The seller didn’t know exactly how many meters were built over, so we don’t know exactly how much width will be left in the end.

We first have to clarify the basic parameters properly. Two full floors are allowed to be built, that much I know.

We just finished building our house and haven’t even moved in yet, but this plot would be a great find if the basic parameters fit, then I would purchase it….