My neighbor extended his apartment. According to the city plans, besides the area of expansion that was allocated to him by law – he built about 80cm sideways into the space that was allocated for me to extend my apartment. The outer wall of this extension is not straight all the way. Rather, in one place of the wall there is a ledge about 90cm long.
Since he never asked permission to build into my space:
1. Am I able to claim monetary compensation from him?
2. What is the status of the ledge – is it considered part of his apartment – or since it is in the space that is legally mine – the ledge would be considered my property.
Answer:
1. You are able to claim compensation. The part built outside the legal area is built on others’ property (not necessarily on your property, but the property of the building in general), and you are within your rights to ask him to ‘remove’ the construction, or to offer fitting compensation.
2. The ledge doesn’t become yours, because he built it with his materials and without intention of making it yours. The status is the same as in (1). You have the right to ask him to remove it, or to reach an arrangement with you.
