Otus11
2018-06-15 09:14:59
- #1
Illusionless should take a look at the file at the land register office, personally or online...
The land register excerpt contains only a brief formalized reference to further contractual agreements filed at the land register office. Only after knowing these can the scope of the easement be determined.
Quick wiki on the easement:
"In practice, the easement is mainly used for the individual arrangement of legal relationships between neighbors, to regulate the usability of a rear property in particular through rights of way, vehicular access, or utility rights (for water, sewage, electricity, etc.). A mere contractual agreement between the parties is usually not sufficient here because the entitled party could not enforce it against the acquirer of the encumbered property.
In return for the encumbrance that the neighbor must tolerate, he can demand that the beneficiary compensate him accordingly, for example by contributing to the maintenance costs of the access road and paying him a usage compensation. In a contract, both parties agree on which rights the beneficiary is entitled to and how much he has to pay for them. The amount of the costs in practice depends on the frequency of use, i.e., whether the right of way is used only privately, whether the beneficiary conducts his professional activities there, for example in a doctor's office or tax consultancy, or if it is, for instance, only a rarely used holiday home, a hunting lodge, or the like."
Exercise:
"The right can only be exercised as agreed and entered in the land register. The type and extent are fixed and can only be expanded through a new agreement and registration. Changing the agreed use without agreement is only possible if, due to the passage of time, the technical and economic conditions have changed. However, this must not have been foreseeable at the time of the establishment of the easement, and the use of the servient property must remain similar in its nature.
Example: If the owner of the servient property has a right of way only for walking, he may not drive over it. Parking is not allowed on a right of way for walking and driving. Laying pipes in a right of way is only possible if a utility right is also registered. A utility right for laying clay pipes may today be exercised by laying plastic pipes."
The land register excerpt contains only a brief formalized reference to further contractual agreements filed at the land register office. Only after knowing these can the scope of the easement be determined.
Quick wiki on the easement:
"In practice, the easement is mainly used for the individual arrangement of legal relationships between neighbors, to regulate the usability of a rear property in particular through rights of way, vehicular access, or utility rights (for water, sewage, electricity, etc.). A mere contractual agreement between the parties is usually not sufficient here because the entitled party could not enforce it against the acquirer of the encumbered property.
In return for the encumbrance that the neighbor must tolerate, he can demand that the beneficiary compensate him accordingly, for example by contributing to the maintenance costs of the access road and paying him a usage compensation. In a contract, both parties agree on which rights the beneficiary is entitled to and how much he has to pay for them. The amount of the costs in practice depends on the frequency of use, i.e., whether the right of way is used only privately, whether the beneficiary conducts his professional activities there, for example in a doctor's office or tax consultancy, or if it is, for instance, only a rarely used holiday home, a hunting lodge, or the like."
Exercise:
"The right can only be exercised as agreed and entered in the land register. The type and extent are fixed and can only be expanded through a new agreement and registration. Changing the agreed use without agreement is only possible if, due to the passage of time, the technical and economic conditions have changed. However, this must not have been foreseeable at the time of the establishment of the easement, and the use of the servient property must remain similar in its nature.
Example: If the owner of the servient property has a right of way only for walking, he may not drive over it. Parking is not allowed on a right of way for walking and driving. Laying pipes in a right of way is only possible if a utility right is also registered. A utility right for laying clay pipes may today be exercised by laying plastic pipes."