When a boundary stone gets in the way on a private construction project, some people are only too happy to remove it. With ideas like this one can punish oneself more quickly than one would like. How you should behave in such a case and what options are open to you, read below.
Moving a landmark is also a criminal offense?
You cannot simply remove a boundary stone. This is easy to understand if you realize that this is a highly officially set marking of the public real estate cadastre. Anyone who attacks a boundary stone is not only committing an administrative offense, but is also punishable under the Criminal Code. And the penalties that go with it have it all.
- Also Read - Is It Allowed To Remove A Landmark?
- Also Read - When You Cannot Find A Landmark
- Read also - Who Pays When a Landmark Has Disappeared?
But not only removing a landmark is a criminal offense. According to Section 274 of the Criminal Code, it may not be made illegible or changed in any other way - i.e. it may not be moved. Even intending to do so can be punished.
What to do if the boundary stone is in the way?
So in no case is it allowed to act even in relation to a disturbing boundary stone. At least not directly. Of course, there are opportunities to act indirectly. In order to take this, you have to contact authorities that are authorized to make any changes to the real estate cadastre. These are roughly:
- the local land surveying office
- lower land surveyors
- publicly appointed surveyors
- the local land consolidation authority
These instances are the right address for all questions about corridor boundaries. If you want to move a boundary stone, the authorized engineers have to take surveys, on which there is a lot of responsibility. The costs are correspondingly high. For site measurements when building buildings, re-measurements for the dismantling of sites or the restoration of boundary stones, costs of between 600 and 800 euros are usually due.
However, trying to avoid these costs by moving them yourself can be much more expensive. Because then not only the costs for a landmark restoration come together, but also hefty fines. In some cases, imprisonment of up to 5 years is possible. With bad luck, neighbors can also arrange for compensation payments and costs for court proceedings.