Unintentional boundary encroachment garage

Hello, the base slab of our garage goes directly up to the boundary. Unfortunately, the garage itself (mainly the suspended wooden facade) protrudes about 8 cm over the boundary along a stretch of 7 m and indeed under the neighbor's garage roof that extends 1m over (here green strip). We have agreed with the neighbor and of course we do not want unnecessary dismantling.

The question now is whether we should inform the authorities or just wait to see what the cadastral office says when they come to remeasure in 2 years.

Agree in writing with the neighbor when there is a dispute, verbal agreements don't interest a damn soul.

In any case, document in writing what was agreed upon with the neighbor. Whether the [Katasteramt] will come in two years is questionable. We moved in in July 15 and the final survey took place in January. So it can also happen quickly.

Hello Passive House!

Such encroachments are recorded in the cadastre only for information purposes so that the next surveyor immediately sees that there is an encroachment there. The building authority is not "informed" about it (practice in NRW, but I cannot imagine that it is done differently elsewhere). Such an encroachment has no impact on the location of the boundary; the building survey is also not a boundary survey, so it is conducted without official recognition by the owners/neighbors.

These encroachments can generally hardly be remedied through subdivision/easement; the costs usually do not stand in any relation to the benefit, so - if at all - an encroachment annuity or similar is agreed upon. When asking the building authorities, you often hear that everything up to demolition is possible, but the demolition must be in proportion to the impairment of the neighbor.

Personally, for example, I refuse to prepare easement plans for such encroachments because the entire encroachment of 0.08 m at 9 m garage length is less than 1 m² in size (9.0 m x 0.08 m = 0.72 m²).

Pragmatic solution: invite neighbors for a barbecue and have cold drinks ready.

Regards
Dirk Grafe

If it happened unintentionally, the neighbor should inform you directly (preferably during the concreting) and has a good chance of getting a reconstruction approved. Later on, at most, the retirement option mentioned by Dirk Grafe applies.

It looks different if you did it knowingly and intentionally (with intent). If that is the case, the chances are good that the reconstruction will have to be carried out even years later.

Why does the garage protrude over the boundary by 8cm at all? Nowadays, you can measure and fabricate precisely.

Why does the garage protrude over the boundary by 8cm at all? Nowadays, you can measure and manufacture precisely.

This happens every day for various reasons.

Best regards
Dirk Grafe