Who pays when a boundary stone has disappeared?

Landmarks are a very sensitive matter. Under cadastral law, land boundaries may not be changed or removed in any way. Boundary restorations are therefore often associated with significant costs. In the following we will clarify who has to wear these in neighborhood matters.

When a landmark has disappeared

If you want to build directly on the border between two properties, you have to observe the borderline officially recorded in the real estate cadastre. But this is often not easy to determine on site. This is because the land line markings in the form of boundary stones that are usually set flush with the floor in urban areas are often not easy to find because of overgrowth. Sometimes there is no one left at all - and that can be a real problem. Because:

  • Also read - Is it allowed to move a boundary stone?
  • Also Read - When You Cannot Find A Landmark
  • Also Read - Is It Allowed To Remove A Landmark?
  • changing, damaging or even removing boundary stones is highly punishable
  • possibly. boundary recovery must be initiated, which is quite expensive

According to Section 274 of the Federal Criminal Code, the removal of boundary stones falls within the scope of suppressing documents and changing a boundary designation. If a boundary stone has disappeared, the first thing to do is to clarify who removed it. If this can be clearly ascertained, the boundary stone sinner must bear all costs for the boundary restoration in addition to a penalty. In addition to a hefty fine, depending on the remover's request, there may even be a risk of imprisonment.

Who pays in ambiguous cases?

Sometimes, however, it is not possible to get any clarity as to how a landmark that cannot be found disappeared. In that case or. In principle, the costs of restoring the boundary must be shared between neighbors - in equal parts. This is laid down in Section 919 of Book 3 of the Civil Code. Every property owner can even ask their neighbors to get involved in the matter for the construction of a new boundary stone.

How high the costs are varies depending on the situation. Most land registry offices charge between 600 and 800 euros for a border restoration, in which time-consuming and responsible measurements have to be carried out. The specific amount of the costs depends on various factors. Above all, the regulations are set individually in the individual federal states and the local land surveying offices.

Before you initiate an expensive border restoration, however, make sure that the boundary stone has actually disappeared - the best way to do this is to request the coordinates from the responsible land registry office and search again on site using a GPS device.