Building plot - access road, opinions

  • Erstellt am 2020-07-16 18:34:07

stefan82

2020-07-16 18:34:07
  • #1
Hello everyone,

we may have found a building plot.
What still concerns us, however, is the fact that it is a building plot that is only accessible via a private road with shared right of way with the neighbor. Each (we have plot 12) and the owner of plot 10 will each buy 2m of the driveway. However, it is too narrow, so a mutual right of way is to be granted.

Statement from the property agent:
There will be a joint right of use because 2m is too narrow and a driveway must be wider. The right of way will be secured in the land register and is part of the purchase contract.

Attached is a section of the survey plan. Do you have any concerns or is this common practice?
 

11ant

2020-07-16 18:45:46
  • #2
In detail, always a little different, but basically such a constellation is unfortunately no longer a rarity (for newly developed rear-lot building plots). The more precise search term is "right of way, driving and utility easement," under which you should find some posts here. "Otherwise," are there no special features? (You have only shown measurements, no contour lines or similar.) So, if the property has no "further" defects, that's not the end of the road yet; there are other properties even further from first place in the beauty contest—at least those that are on the market.
 

Tolentino

2020-07-17 12:28:34
  • #3
With such a shared private road, you are even "better off" than some others. For example, I own the entire front property and still have to grant a right of way for pedestrians, vehicles, and utilities. So it's my property, but the other person uses it too, and I can't use it as I want because it has to be kept clear. Luckily, I get along quite well with the neighbor behind and am now making my driveway there, but another way would have been fine with me as well. So what I want to say is: This shared private road would by no means be a reason for me not to buy the property if everything else fits.
 

Escroda

2020-07-17 20:40:25
  • #4
Yes, but also worse than necessary. Neither. Objectively, this solution is just crude nonsense. Subjectively, from the seller's perspective it is profit optimization, from the buyers' perspective it is an expensive source of disputes. Can't you access over the area between 12 and 42?
 

stefan82

2020-07-17 21:28:43
  • #5
No, unfortunately, it is not possible beyond 42, because a walking path is going there.
 

stefan82

2020-07-21 20:32:53
  • #6
Hello everyone,

one more question:

The seller has the development contract for the building area but only wants to lay the supply lines up to the beginning of our property (thus the beginning of the private road). Statement: "We do not lay lines on private property." It must be said that we are supposed to pay the full purchase price for the driveway and then feel a bit disadvantaged compared to the other property owners without a private road.

Of course, we then have the problem that the lines have to be laid all the way up to the "actual" property.
Do you have experience with what costs might arise for us and what problems could occur?

This also applies to telecommunications lines. For example, a company (not Telekom) wants to lay fiber optic cables in the area.

Many thanks and best regards
 

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