imsi123
2020-03-14 11:29:21
- #1
Hello, we have been owners of an "enclosed" property in Hessen for almost a year. A 6-family house is planned to be built there. Since the 70s, there has been a development plan with building lots. A public road is also planned in it. (Why this has not yet been built is another matter). The entire area (10-20000m2?) belonged to one family decades ago. It was then continuously divided, inherited, and sold, and today everyone is at odds with each other. The public road ends at parcel 1 of family A. From parcel 1, there is access to our parcel 2 via a 3 m wide, registered easement in the land register. Now the building authority finds the easement insufficient to issue the building permit. The building authority requires a building encumbrance. Family A does not want to voluntarily register this under any circumstances. Family A wanted to buy parcel 2 themselves and is now blocking everything. There is the option to sue in court. We will certainly win; there are enough precedent cases, but this will of course take at least a year. Of course, this path can always be used as an access, entrance, waste disposal route, etc. But for issuing the building permit, this is NOT sufficient.
It must unfortunately be said that neither the building authority, the fire department, nor the road traffic authority is supporting us in solving the problem (this also affects other developable parcels).
The main problem is the fire department. They go a maximum of 50 m (from the public traffic area to the end of the building) on foot on a 1 m wide path. Over 50 m, a fire access road at least 3 m wide is required.
Now, the seller B’s property borders parcel 2 by 1 m. It is possible to register a ca. 30 m path as a BUILDING ENCUMBRANCE on seller B’s property. From there, there would be about another 25 m to the end of the new building. The question now is from where the PUBLIC TRAFFIC AREA counts? From the sidewalk or from the END of the BUILDING ENCUMBRANCE on seller B’s property. Another question is whether the building encumbrance on the seller’s property has to be 1 m or 3 m (3 m would also be possible) wide. From there, you would then get to parcel 2 via the 1 m wide strip. In principle, this BUILDING ENCUMBRANCE road could also be bought and added to parcel 2. How is the BUILDING ENCUMBRANCE recognized? As an extension of the public traffic area (that would be good for us => path ca. 25 m) or simply as a registered access road (then the path would be longer than 50 m, bad for us => We have already received this statement verbally from the building authority). Maybe someone can say something about this... next week we have appointments again with the lawyer, architect, and building authority. Thank you! Ben
PS: This is purely theoretical and related to building law! Of course, in case of fire, the fire department will drive over the easement to the house, and no one will say anything against it afterwards. But on paper, it is just NOT possible to plan it that way.
It must unfortunately be said that neither the building authority, the fire department, nor the road traffic authority is supporting us in solving the problem (this also affects other developable parcels).
The main problem is the fire department. They go a maximum of 50 m (from the public traffic area to the end of the building) on foot on a 1 m wide path. Over 50 m, a fire access road at least 3 m wide is required.
Now, the seller B’s property borders parcel 2 by 1 m. It is possible to register a ca. 30 m path as a BUILDING ENCUMBRANCE on seller B’s property. From there, there would be about another 25 m to the end of the new building. The question now is from where the PUBLIC TRAFFIC AREA counts? From the sidewalk or from the END of the BUILDING ENCUMBRANCE on seller B’s property. Another question is whether the building encumbrance on the seller’s property has to be 1 m or 3 m (3 m would also be possible) wide. From there, you would then get to parcel 2 via the 1 m wide strip. In principle, this BUILDING ENCUMBRANCE road could also be bought and added to parcel 2. How is the BUILDING ENCUMBRANCE recognized? As an extension of the public traffic area (that would be good for us => path ca. 25 m) or simply as a registered access road (then the path would be longer than 50 m, bad for us => We have already received this statement verbally from the building authority). Maybe someone can say something about this... next week we have appointments again with the lawyer, architect, and building authority. Thank you! Ben
PS: This is purely theoretical and related to building law! Of course, in case of fire, the fire department will drive over the easement to the house, and no one will say anything against it afterwards. But on paper, it is just NOT possible to plan it that way.