Are pedestrian rights and driving rights available?

  • Erstellt am 2023-01-28 22:47:40

Admi0302

2023-01-29 15:43:05
  • #1
My question here is: Is FL 2 allowed to prevent the development? Because FL 3 has all the necessary right-of-way rights and only here is construction supposed to take place. FL 1 is just the road to FL 3. FL 2 is currently using FL 1 as a pretext to stop the process. Am I overlooking something here or not understanding something correctly?
 

K a t j a

2023-01-29 16:39:52
  • #2


So what now? Does Parcel 3 have the rights or not?
 

Admi0302

2023-01-29 16:49:45
  • #3
Hello Katja,

I must have made a mistake or formulated something incorrectly.

This is correct:
Plot No. 3 has pedestrian and driving rights over plot No. 1 and over a part of plot No. 2 according to the land register.

This was not formulated precisely:
The owner of plot 2 is trying to stop the process because he believes that the rights of way for plot 3 are not secured since plot 1 does not have pedestrian and driving rights over its "part" of plot 2.

As I wrote before, I do not know why he can obstruct the change of the development plan and the resulting construction because in my opinion all necessary rights for plot 3 are present. Or is he currently focusing on plot 1 and using this as a reason to stop the process?
 

ypg

2023-01-29 17:01:40
  • #4
To my knowledge, there are only easements for paths and pipelines, and that only concerns properties, the background properties granting the rights. For public paths, this is not necessary, as they are already there, i.e. "existing".
 

ypg

2023-01-29 17:04:25
  • #5
It is not about the owner, but about the property. If the property of parcel 3 has the right of way and utility rights (from 1 and 2), then there are no problems.
 

K a t j a

2023-01-29 17:06:41
  • #6
Nonsense. What rights FL1 has is completely irrelevant for the development of FL3. Simply submit a building application would be my motto.
 

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