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If you want to build a garage or set up a fence on the edge of the property, you must observe the property boundaries. How can the boundary be determined? What if boundary markers are missing?

In a nutshell

  • Location and size of a plot of land noted in the land register
  • The straight line between boundary stones marks the course
  • Fences or walls are not mandatory boundaries
  • Property boundaries are determined by the cadastral office by certified surveyors
  • If the boundaries are unclear, apply for a reassessment

property

A plot of land is a delimited part of the earth's surface, which is designated in the land register on a land register page or under a separate number on another land register page. A plot of land can consist of one or more areas that are not spatially connected. These are combined and listed under a common number in the land register.
A plot of land can be a built-up or undeveloped area. It can also contain bodies of water. The area and the buildings on it form a legal and factual unit.

property lines

In the past, plots of land were marked by boundary fences or pegs. Today there are technical possibilities available with which surveyors can display the exact course of the border. Accurate surveying is a prerequisite for calculating municipal fees and charges. The property tax, but also road construction and development contributions are determined based on the size of the property. Surveying often helps settle disputes between neighbors.

A property is not always necessarily limited by a fence.

landmarks

Boundary stones have been used to mark property boundaries for decades. They used to be made of granite. Today, steel or brass bolts are used for marking. The boundary of the property is the straight line between the boundary markings. Boundaries are often not recognizable at first glance.

Notice: Boundary stones are official signs that must not be changed under any circumstances.

border restoration

If a property boundary is no longer recognizable or the boundary markings are missing, the land surveying office can make the boundary visible again by placing new boundary stones on the basis of the cadastral extract. An application is required for border restoration.

Unclear boundaries

If you cannot find the boundary stones, the boundary is not clear, or there is a suspicion that boundary markings have been moved, you can apply for a re-establishment of the property lines.
Ensuring that the land register and the real estate cadastre correspond is the task of the surveying offices. They are organized differently in the individual federal states. Larger municipalities have their own surveying offices. Check with the building department in your city or municipality.
Procedure in case of unclear borders:

  • Try to find the landmarks of your property.
  • If these cannot be determined, request the boundary from the responsible cadastral or surveying office.
  • If the borders are unclear, obtain a judicial determination by filing a border divorce action.
  • Once the determination is complete, have boundary markers set.

Notice: If property boundaries cannot be precisely determined by the land registry office, there is a so-called boundary confusion according to Section 920 of the Civil Code.

Property boundaries are now often marked with metal or plastic markings on the ground.

Boundary Determination Agreement

If the authority is not able to determine the exact boundary of the property based on the real estate cadastre, the residents can agree on a boundary. The boundary is defined by a surveyor within a boundary corridor. If the parties involved have given their consent, the measurement result will be recorded as a new boundary in a boundary determination contract and included in the real estate cadastre.

Notice: A boundary determination contract can be concluded between property neighbors, but also ex officio between the municipality and property owners.

limit distances

Even if the property line is fixed, you must observe the distance rules. These contain regulations for

  • buildings
  • plantings
  • overgrowth and undergrowth
  • clearing of foliage

frequently asked Questions

How much does it cost to remeasure a property?

The cost of surveying a plot of land and setting a new boundary stone is around 1,500 euros. You can apply for a new survey at the surveying office of the city administration.

Can a hedge be planted directly on the property line?

The distance rules of the federal states contain limit distances for planting hedges. Usually, a distance of one meter to the property line must be maintained for hedges that reach more than two meters in height. Exceptions apply to hedges planted directly on the property line and to hedges that are located directly behind a border building and do not tower over it.

Who has to pay for the cost of repositioning boundary stones?

Once the boundary is clear, property owners can request that the owners of adjacent properties help fund the re-marking. The legal regulations for boundary marking can be found in Section 919 of the German Civil Code.

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Garden design