Stock is on the property boundary. Consequences?

  • Erstellt am 2018-01-27 07:27:55

Specki

2018-01-27 07:27:55
  • #1
Hello everyone,

because of another thread, I just got the idea to ask around myself as well.

I bought a plot with a house and a double garage 2.5 years ago. (see attachment, the red-marked plot).

As you can see here, our garage stands directly on the border to the neighbor. But his barn also stands directly on our border.

I believe my house is also not quite 3m from the border at the bottom. Also, the neighbor’s house on the other side is probably a bit closer than 3m to my property.

My house is from 1964. I think the garage is even older.

When I bought it back then, I hadn’t considered the three meters yet. I didn’t notice anything about it in the land register or elsewhere during the buying process.

Does all this now have existing rights? Or could the neighbor say I have to tear down my garage now?
The plot to the left of mine is being sold in the next few months, so it’s getting a new owner. Could there be problems here?

Maybe someone knows what the situation is here.

Thanks.

Best regards
Specki
 

Escroda

2018-01-27 08:35:22
  • #2
Illegal construction remains illegal construction, i.e. time does not legalize an illegal building. However, it is usually very difficult to prove the illegality in a building stock that is over 40 years old. One would have to study building files and research the building and planning law applicable at the time of construction. And even if the unlawful construction can be proven, with each year of tolerance the neighbor's means of defense decrease; a demolition will in any case no longer be considered. According to the plan, however, it appears that your garage could also be newly built according to today's BayBO if it meets the conditions of Art.6 (9) 1. A question is how the minimum distance to the residential building was undershot, since Art. 6 already existed in the BayBO of 1962. Problems will probably only arise if you want to make changes requiring permission, e.g. the installation of dormers.
 

tomtom79

2018-01-27 15:00:18
  • #3
Garages do not necessarily require building boundaries and building boundaries may also be less than 3 meters.

How do you come to the conclusion now that it concerns you?
 

Specki

2018-01-27 15:04:01
  • #4
Because I asked something in another thread and then I remembered that at our place the building is also so close, or rather, right on the property line....
 

tomtom79

2018-01-27 15:10:40
  • #5
First, check what is stated in the development plan if there is one. Before you drive yourself crazy.
 

Escroda

2018-01-27 16:27:30
  • #6
What is the author trying to tell us with this? The OP is asking about the distance to the property boundaries. Why are you bringing building lines into the discussion? And what does a building line look like that is less than 3 meters?
 

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