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

  • Erstellt am 2021-01-07 16:22:16

pagoni2020

2021-01-07 17:35:51
  • #1
I would not do such "half measures" because one does not know how individual lives will develop in the coming years. Ideally, everyone should own their own clear property, also in the land register. Acting here driven by saving money can have fatal consequences. Situations change, people change......not to mention that it cannot simply be used as collateral or that joint liability might also be an issue, etc. I ALWAYS prefer CLEAR matters.
 

Tolentino

2021-01-07 17:37:18
  • #2
Oh, with [Bruchteilgemaeinschaften] (so just go to the notary and say we each own 50%), anyone can demand the auction of everything in case of disagreements. So I wouldn't do that either.
 

RomeoZwo

2021-01-07 19:03:45
  • #3
1) Ideelle division means 50 : 50, regardless of what is stated. It is annoying when the houses are unevenly sized and/or have unequal features. 2) Division into WEG is possible, but a completion certificate must be available before construction begins, i.e. the plans for both houses must be final. The declaration of division must be prepared by the notary. 3) Real division does cost the surveying, but it is clean. Everyone can sell/encumber their part as they wish. Like others, I would recommend 3). The question remains whether a pipe-head property with assumption of setback areas or a path / utility easement. It actually does not matter. Both must be registered in the land register. The advantage of each variant depends on how concretely the construction is planned, i.e. also whether, for example, the access path to the rear property is also to be used as an access path by the front property or something completely separate is planned here. Given the overall volume (2x new construction!) my tip is to proceed cleanly here and invest the 5K€ for the division.
 

11ant

2021-01-07 19:17:57
  • #4
For what purpose, or on what basis? For your issue, I recommend you read the piano thread .
 

knalltüte

2021-01-07 19:29:46
  • #5
That's exactly right! Of course, you can do "half measures," but sooner or later it will backfire. At the latest when selling a house, a residential unit, dealing with easement rights, disputes, taxes (tax office), or somewhere else. We initially also planned to build a joint multi-family house with 4 residential units. Great thing, saves on technology (only one heating system) etc. Much higher synergy effects than with two separate semi-detached houses. But: Everyone we asked about this topic, whether architects, tax advisors, the building insurance, acquaintances and friends with building experience, all urgently recommended we do a physical partition. Everyone builds "their" half on their own plot – done. Did I understand correctly that your brother is arranging the financing for you? UiUiUiiiie, if I were him, I would think that over very, very carefully :eek:
 

jochen111

2021-01-07 19:48:22
  • #6
Okay, you convinced me with the real division. How exactly do you proceed regarding surveying, registering in the land register, etc.? Where do I have to go and what is done first?

no, I can pay in cash, my brother is financing his house.
 

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