Superficies

As superstructure is called a building that extends beyond the border of the neighboring properties, regardless of whether this under, on or above the earth happens in the neighboring German law.

If a superstructure before according to § 912 para 1 BGB, ie, the superstructure was built by the owner without intent or gross negligence and was not contradicted by the neighbor before or immediately after crossing the border, it must tolerate it, but can according to § 912 Abs. 2 BGB require a cash bond ( About Baur duck). Pension law is basically not registered under § 914 BGB in the land, but goes all other rights in the polluted land, even the older ones, before. The neighbor may in accordance with § 915 BGB addition, at any time request that the overbuilt part of his property from the owner of the superstructure it is purchased. Decisive here is the value of the land at the time of the superstructure.

The superstructure is not part of the built-up land, but remains part of the property, from which has been built over.

In accordance with § 916 German Civil Code, the provisions for the superstructure shall apply mutatis mutandis in the event that the superstructure of an easement or a ground lease is affected on the neighboring property.

• Property Law ( Germany )