A boundary dispute in the Unterschleibheim district of Riedmoos escalated to such an extent that an excavator knocked over a hut on the neighboring property. We talked to the two parties.
Unterschleibheim – An excavator tears on Friday, 12. August, a piece of fence of the Schneid family a. A garden hut, a toilet house and concrete posts fall down. It is 12.3 p.m., when the excavator driver starts to clear the boundary on behalf of Martin Reichart and Christian Mederl. Both stand with their lawyer on their driveway next door and watch.
A dispute over boundary lines in the Unterschleibheim splinter settlement of Riedmoos is being rigorously fought out. In the middle of it the two Unterschleibheimer, city councillor Reichart (FB) and plumber master Mederl.
"It was like the Wild West," says Riedmooser Uli Schneid (65), who owns the cabins. His wife, Edith, is glad that their son was not in the hut, where he was storing medieval props for a hobby: "I was stunned, got scared and started shaking." She calls the police. The officials take the personal data and drive again, because the lawyer of the new neighbors assures, everything goes with right things.
Driveway along the fence
The property of the Schneid family stretches from the driveway at Zwerchwiesenweg 23 as a 275 meter long strip to the Schwebelbach stream. The access road to the properties of Christian Mederl and Martin Reichart runs along the fence. Three years ago, Mederl purchased the rear lot at 21a Zwerchwiesenweg for recreational use. He later sold part of it to Reichart, together they own the driveway.
Mederl is applying for a change in the development plan in the fall of 2019. The procedure goes through the committees. In February 2021, Mederl and Reichart will receive building rights for three lots, an access road and a turnaround ramp.
While Mederl's construction site is still vacant, architect Martin Reichart has already built his single-family home, which he plans to use himself. That the border courses did not agree with the data in the field numbers, which are however basis for the building law, he had noticed only in July 2021. "By then I was already the owner and logically had the property surveyed for the building application." The 275 meter long fence of the Schneids stands, says Reichart, "from front to almost back on our property, on average 25 centimeters".
"It's out of place"
Faulty boundaries often exist in Riedmoos, mostly they can be corrected by mutual agreement, he says. But an amicable agreement had not been possible with his neighbors. "It's messed up," he says, "but if someone is looking for a fight, it just ends up in court."
In Riedmoos, a building lot must be at least 750 square meters in size, which Reichart and Mederl were able to narrowly demonstrate in the parcel numbers. The required width for a driveway is 4.75 meters to allow firefighters and trash collectors to get through. But in fact, the entrance to the private road is too narrow, because the terrace and carport of the Schneids protrude into the driveway. "Here we are still far from the prescribed width," Reichart says.
There is also a dispute with the neighbor at Zwerchwiesenweg 21a: Christoph Bause lives there with his family in a semi-detached house. Its sewage lift pump including control device protrudes into the driveway. "We can't get through with sewer and broadband lines. He has to remove his pumping station," says Reichart. Fence talks were held, concerns were expressed, the legal situation was explained and a deadline was set this year in March: The Schneid and Bause families were to remove their structures within four weeks.
excavator operation was "encroaching
Schneid family insists on fence run, calls dredging "encroaching". Edith Schneid says that her father erected the fence in the 1950s in all conscience and "in agreement with the neighbor at the time. The fence is worth protecting, he says, so the Schneids filed a protective action through their attorney: "Even if the gentlemen don't agree with the fence that's been there since the 1950s, they don't have the right to destroy anything on our property."
Martin Reichart doesn't think so: "The building code says: if there are objects or other people's property on my land, I may do with it as I wish. This is what we wrote to the people. There was no answer again."In June, he had an official survey carried out and the boundary points were set correctly. "The Schneids just unlawfully appropriated over 100 square meters," Reichart says "Then we wrote to the opposing attorney saying we're going to clean up the boundary now."
Parties go to court
He placed the new fence so that the foundations would not be on the Schneids' property. "To preempt any claims being made right away," Reichart says, "I don't see how I could have acted more lawfully than the way we did it."
On 19. August, the parties met at the district court where the Schneid family filed a lawsuit seeking damages after the dredging operation. "Strangely enough, with a date of 8. July," says Reichart. Apparently the Schneids knew the boundary would be cleaned up. The judge decided that the Schneids to 30. October should have another opportunity to build back anything that sticks out over the boundary. "We're not touching anything until then," Reichart says.