Overbuilding occurs when a structure (e.g. a garage or a roof overhang) unintentionally or deliberately protrudes onto the neighboring property. Such situations are rarely intentional - but can lead to serious disputes. Property owners should know what rights they have and how to deal with such cases.
When does a superstructure exist?
A superstructure is deemed to exist if structural installations exceed the property boundary - whether above or below ground. It does not matter whether it is a new building or a renovation. Even minor deviations such as a foundation on the neighboring property are legally considered an overbuilding and can lead to demolition claims.
Difference between intentional and accidental
If the superstructure was erected with the knowledge or approval of the neighbor, the neighbor can no longer insist on its removal - unless expressly agreed otherwise. If, on the other hand, the superstructure was built without consent, the neighbor can demand that it be removed - or demand compensation if the removal would be disproportionate.
Procedure for conflicts
Anyone affected by an overbuilding should first seek a discussion with their neighbor. An amicable solution can often be found - for example, through a compensation arrangement or the notarized entry of a right of superstructure in the land register. If no agreement can be reached, it may be necessary to go to arbitration proceedings or the civil court.
Conclusion
A superstructure is a sensitive case that requires sensitivity and legal advice. Owners should therefore always have construction projects precisely planned and documented - to avoid trouble later on and to avoid unnecessarily straining neighborly relations.
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