The post of our driveway gate protrudes about 10 cm onto the neighboring property

Hello,

during the surveying of our property, the publicly appointed surveyor found that the wire mesh fence with stone gabions of our future neighbor is partially built over our land. His fence starts on the defined boundary and then steadily encroaches on our property, so that the end of his fence is approximately 87 cm overbuilt. In total, 2.8 m² (€320 per m²) of our 416 m² semi-detached house plot has been overbuilt.

My wife and I decided to leave the fence as it is for the sake of neighborhood peace and proportionality.
It is important to us that the whole matter is regulated so that no customary right arises and that the fence could theoretically be removed at any time.

I have already contacted the new neighbor and informed him about the situation; he was concerned and asked whether he could compensate us for the damage.

I would like to know what you think would be appropriate.

Best regards

So it could probably be bought or leased. Honestly? I would have a contract drawn up stating that the piece of land is transferred cost-neutral until the ownership changes (no matter which side). Or do you seriously want to charge money for a hefty 2.8 sqm?

I can understand that this annoys you. Something similar just happened to us a few days ago when the cord for the border from the boundary stone to the power box!! was pulled instead of to the second, exposed boundary stone. Fortunately, it didn’t go through the living room… oh dear… Now our property is quite large but especially in the affected area of the driveway we wanted to be able to use every bit of space; now about 30 cm are missing and the wall runs at an angle until it comes back to zero after 30 meters, where the boundary stone is located. What to do...? You couldn’t make something this stupid up but 10 meters were already set...... After that comes the carport and towards the end it’s almost back to zero. I think a few square meters are lost there too. You just get annoyed but maybe you let it sink in and focus your attention on the things still pending for which you’ll need your nerves. What you don’t need is conflict with the neighbor. From what I read it probably wasn’t intentional and therefore I would talk to him about it, but I wouldn’t make a financial claim because of it. Maybe he’ll realize it on his own, if not you know that you have to be more careful in the future. He has the obligation to take care of it, so it should come from him. It’s definitely annoying but not of such great importance that I would want to jeopardize a good neighborhood.

With all the properties I have bought, the boundaries were never correct. Most of the time, to my disadvantage, the neighbors simply took something. I'm not a troublemaker, but it's definitely annoying. I don't see the point in making a fuss over a 10 cm overhang. But for your neighbor, I predict trouble. Clarify the situation immediately; it will save a lot of trouble later on. Put the architect on notice and demand the restoration of your wooden fence. The gate post stays where it is. If he wants, he can gladly request a boundary determination at his own expense. If you don't take decisive action now, they will become increasingly brazen. Watch out carefully. They need to realize that you are not to be messed with. And always stay friendly.

I would like to know what you think would be appropriate.

For that, I recommend this source:

for a hefty 2.8sqm

In times when plots of land are getting smaller and smaller, 2.8m2 acquire a certain significance, but that does not mean that I want to proceed according to the law of retaliation. :)

As I read, that was probably unintentional, and therefore I would also discuss it with him

What happened to you is also very annoying. But mistakes happen and to err is human – probably the best thing is to take it easy, and that’s how I saw it with the encroachment against the advice of the construction company. The neighbor told me that when setting the fence, the boundary stone was accidentally removed and then the boundary was redefined by rough estimation. As I understood the neighbor, he definitely sees himself as being in the obligation to make amends.

Making such a fuss over 10 cm of overhang, I don’t really see that. But for your neighbor, I see a bad outcome. Clear things up right away; that saves a lot of trouble later on. Put the architect in default and demand the restoration of your wooden fence. The gatepost stays where it is. If he wants, he can apply for a boundary determination at his own expense.

You replied to the original thread – I had introduced a separate matter again. I was not aware that encroachments are almost standard, which relativizes the whole thing, and 2.8m2 are probably negligible compared to other encroachments. :)

For that, I recommend this source:

Thanks! :) I will read through it.