Buy a plot or register a building obligation? - Securing the development

Hello dear forum community,

I have been quietly reading along here for several months now, while our preliminary building request was ongoing. The notice is now in, so we are allowed to build a house in the second row. However, with the notice, a completely new problem arises that we had (unwisely) not considered before. Because the development is not secured. But first from the beginning: The plot to be developed and the associated access road are not a single parcel:



The access road consists of three individual parcels (73, 77, 78). Until now, we had assumed that we had acquired all associated parcels back in the 1990s. We have now been informed by the building authority that parcel 73 still belongs to the municipality. The municipality was just as surprised as we were when we called. After all, we have been taking care of maintenance, winter service, etc. for years. Well. Now we have the following alternatives to secure the development:

[*]Buy parcel 73 from the municipality and consolidate all parcels
[*]Have building encumbrances entered for the respective parcels, including that of the municipality

My questions to you about this:
We currently prefer option 2, hoping to save costs and time. Are there reasons that clearly argue against building encumbrances and in favor of buying the parcel?

Can the municipality refuse the registration of the building encumbrance on their parcel without valid reasons? Is this, as with private owners, based on voluntariness?

According to a phone call with the municipality, it makes no difference in terms of timing whether we want to buy the parcel or have a building encumbrance registered. Both must be discussed at the next meeting in September.
Since we would only find out about the refusal of the registration of a building encumbrance in September, we would have to start again with purchasing the parcel, wait for the next meeting, and so on...
Therefore, I would like to ask about your experiences, whether registering a building encumbrance on a parcel belonging to the municipality is promising or whether we should better immediately try to purchase it. I unfortunately found nothing on this in the search. If I have missed something, I would be very grateful for a link.

Best regards
Isa

My questions to you:
We currently prefer option 2, hoping to save costs and time. Are there reasons that clearly argue against [Baulasten] and in favor of purchasing the parcel?

Buying would be my first choice. [Baulast] is only sufficient for fulfilling public-law requirements. You still would not be allowed to drive over the property. That requires an easement in the land register. I do not like being dependent on others. So yes, a clear reason: there is a lack of real security. Maybe you are confusing easement and [Baulast].

I had almost the identical case here, except that the municipal property was a narrow strip running across between mine and the street. At first, I also had the right of passage and access approved in writing. However, there were endless discussions without progress, especially since a visually reasonable enclosure was not possible at "my" boundary. Then, after 2 years, when the bank also started to inquire intensively about the legal status, I bought the property - mind you, at full building land price. Eyes closed and through, but for that there is legal certainty in the future.

Thank you very much for your quick responses! I hadn’t even considered the right of way in the whole matter. But of course, that would also need to be regulated. Then we’d better go with option 1 and see what the municipality wants for the parcel...