Are pedestrian rights and driving rights available?

  • Erstellt am 2023-01-28 22:47:40

Admi0302

2023-01-28 22:47:40
  • #1
Hello everyone,

perhaps someone here is familiar with the topic of rights of way for pedestrians and vehicles or has had experience with a similar case in the past.

For clarification, I have attached a sketch.

I would like to know if building on plot 3 is allowed.

Explanation of the sketch:

    [*]Parcel no. 3 and parcel no. 1 belong to the same person. This person wants to build on parcel no. 3 and must have pedestrian and vehicular rights of way from the public road (grey arrow). Access / driveway to the property is marked by the red arrow.
    [*]Parcel no. 3 has pedestrian and vehicular rights of way over parcel no. 1 and over part of parcel no. 2.
    [*]Parcel no. 1, on the other hand, has no pedestrian and vehicular rights of way over parcel no. 2.

Is construction on parcel no. 3 therefore excluded because parcel no. 1 has no registered pedestrian and vehicular rights of way over part (road) of parcel no. 2?

If you have any further questions, I will be happy to answer them.

Thank you in advance for the clarification.
 

ypg

2023-01-28 22:57:40
  • #2
Whether owner of 3 also owns 1 does not matter and is confusing.


What is this? He has the development from the public via driving and utility rights 1 and 2… the right to the public does not exist separately, it is simply present.
 

Admi0302

2023-01-28 23:10:33
  • #3
Thank you for your feedback.

I think I was unclear here.

The gray arrow merely represents the public road and it runs in the direction the arrow points.

The thin red arrow shows the required access to parcel No. 3 (which is to be developed). This access consists of two private properties (parcel No. 1 & parcel No. 2).

I hope this helps somewhat.
 

ypg

2023-01-28 23:20:19
  • #4
No. Everything is understandable. Maybe your question is different?
 

Admi0302

2023-01-28 23:30:11
  • #5
No, the plot is to be developed first, but the right of way for pedestrians and vehicles must be regulated beforehand. Perhaps the development process is currently stalled because plot no. 1 does not have pedestrian and vehicle rights over plot no. 2. Or can that not be the case?
 

k-man2021

2023-01-28 23:31:07
  • #6
3 needs a right of way registered in the land register over 1 and 2 and also a utility easement if the development takes place along the same route. The rest is irrelevant for the construction.
 

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