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Emergency

Dispute over the property boundary: boundary marker and survey

If the exact boundary course is disputed or boundary markers have disappeared, an official boundary determination by the surveying office or a publicly appointed surveying engineer creates clarity. Unilateral assumptions about the boundary often lead to costly disputes, professional clarification is better.

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The binding boundary course is determined by the official survey on the basis of the real-estate cadastre. Disappeared boundary markers can be restored (re-marked) as part of a boundary determination.
In the case of an unclear boundary, you can apply for a boundary determination. If the boundary can no longer be determined, there are statutory rules on boundary confusion by which the boundary is fixed (§ 920 BGB).

What you should do now

  1. 1

    1. Inspect the cadastre

    Get an overview of the registered boundary course via the real-estate cadastre.

  2. 2

    2. Commission a survey

    Commission an official boundary determination from the surveying office or a publicly appointed surveying engineer.

  3. 3

    3. Involve the neighbor

    The neighbors are summoned to the boundary determination; an amicable acknowledgment prevents disputes.

  4. 4

    4. Resolve disputes

    If the boundary remains disputed, it can be determined in court; if the boundary can no longer be determined, statutory rules apply.

How to spot the scam

  • Fences or markings are set unilaterally without a survey.
  • Boundary markers are missing or have been moved.
  • The neighbor claims an area without a cadastral basis.

Frequently asked questions

How is the exact boundary course determined?

Through an official boundary determination based on the real-estate cadastre, carried out by the surveying office or a publicly appointed surveying engineer. The result is binding; disappeared boundary markers can be restored in the process.

What if boundary markers have disappeared?

They can be newly set (re-marked) as part of a boundary determination. If the course can no longer be ascertained, statutory rules on boundary confusion apply, by which the boundary is fixed, for example according to the state of possession (§ 920 BGB).

Who bears the costs of the survey?

In principle the person who commissions the boundary determination. In the case of an amicable initiation, the neighbors can split the costs. The exact allocation depends on the individual case and any agreement.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.