Swivel right or distance to the boundary

  • Erstellt am 2013-10-13 20:20:47

kaho674

2013-10-13 20:20:47
  • #1
Hello,
has anyone here studied law? The following problem:

We have agricultural land on three sides of our property. The so-called "Schwengelrecht" or a larger distance to the boundary applies to these:

"A fence must *** be set back 0.6 m from the boundary of an agriculturally used neighboring property if both properties are located outside a continuously built-up area and are not designated as a building area in a development plan. The strip of land in front of the fence may be entered and driven on for the management of the neighbor's property."

Before the construction, we had the property *** surveyed by a surveying office and the boundary stones set. This is not exactly cheap.

Now we repeatedly have the problem that one farmer plows up the boundary stone *** with his plow and almost 1 m of our land along the entire length ***. As long as we are still building, we don’t care about the plowing, but we find it stupid to endanger the boundary stone like that. We have already addressed it with him twice, but apparently, every stalk of grain counts there.

Now we thought we would erect a post at the boundary stone each time, which we would securely embed in the ground so that he cannot just plow it up.

Would there be a problem with *** the above law? It is not a fence, but surely the purpose of the Schwengelrecht is *** just as undermined – at least at the corner. What would you do?
 

Wastl

2013-10-14 08:39:42
  • #2
Legal advice may only be given by a lawyer! I have not studied law – this is just a layperson's opinion: when both plots of land are located outside a continuously built-up area and are not designated as a building area in a development plan To me, this reads as follows: If two fields border each other. Question 1: Are you outside a district? (Check the land use plan). Question 2: Is there a development plan for your house/property? If you are outside and there is no development plan, you may not build your fence/hedge closer than 0.6 meters to the boundary. Naively, I would say: A post is not a fence. But: The tractor can also knock down a post that has been concreted in,...
 

kaho674

2013-10-14 20:58:27
  • #3
The law clearly applies to us. We know that. We are in the outer area. It is anticipated building land - currently still designated as agricultural land. However, that was not the question. We were rather thinking of an iron rod. Sure, the tractor could knock it down, but the tractor might get damaged in the process. The farmer surely does not want that.
 

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