Building a house for 2 brothers, how to proceed (division, measuring, land registry, etc.)?

  • Erstellt am 2021-01-07 16:22:16

Tolentino

2021-01-07 16:56:01
  • #1
You can also share only in kind and found a [WEG]. But I wouldn't do that.
 

jochen111

2021-01-07 17:00:00
  • #2

What property situation? Why would both houses belong to them if I am also listed in the land register?



Why? From what I’ve read, you save on surveying and registration in the land register with an ideological division.
 

nordanney

2021-01-07 17:08:18
  • #3
Then I misunderstood you. If you don't share, you all own the whole thing in equal (or to be determined) shares. Does your brother have to finance? A reasonable property situation is always better. For you, for banks, for the future, for a sale, etc. If it is only one property, you do not need rights. Why should you – it is just one property.
 

RomeoZwo

2021-01-07 17:10:23
  • #4
For that you need a notarized division declaration. Which is cheaper depends on the value of the property. However, I have to ask whether a special right of use can only be created on land with permission to build. I only know this for semi-detached houses, terraced houses, and condominiums. (I understood you to mean that you want to build 2 single-family houses) How is the property situated relative to the street? Easement rights come into play when one of the properties is a rear property. But this can also be circumvented, for example, by means of a "pipe-head property." However, in small properties boundary distances can become an issue again. With a picture of the parcel, its location relative to the street, and the desired division, the advice to you would be much more concrete.
 

Tolentino

2021-01-07 17:13:04
  • #5


Because it becomes more difficult when selling and you cannot foresee if you will always agree on all decisions. Because in the external relationship you can be held fully liable by any contractor for possible work. Example: Brother orders a landscaping contractor to work on his outdoor facilities for 20,000 EUR. He loses his job during the execution and cannot pay the landscaping contractor. In a WEG, the landscaping contractor can now approach you and demand the 20,000 EUR from you.
 

jochen111

2021-01-07 17:14:04
  • #6
My brother would have to finance... In my opinion, an ideal division would be best, right? You save money because the surveying becomes cheaper and the cadastral fees are eliminated.

What is the best way to proceed? Go to the notary, register it in the land register and then they divide it or do you have to go to a building authority? And does the surveying take place afterwards or before the notary visit? Sorry, but I have no idea about the matter...

The plot is rectangular, his (larger) house will be at the front towards the street, and mine smaller at the back end.
 

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