Buy land with right of way

  • Erstellt am 2024-03-31 15:37:00

BauFuxx

2024-03-31 15:37:00
  • #1
Hello everyone and happy Easter
We looked at a plot of land that is well located and somehow reasonably affordable.
It is the front one of two, which were created by a real division.
According to the agent, the rear one has already been sold.
Now he told us that for the access road, which will also be registered as an encumbrance, a 3m driveway to the back is already planned. We would then also use this, as the carports could be built, so to speak, between the two houses.

However, the driveway branches off from "our" area, the rear plot will not be a flag lot.
The longer I think about it, the stranger this construct seems to me.
The purchase price for the front is actually somewhat lower than the one in the back.
But if I take the area as a basis that I can use without this long driveway, it is significantly higher than the back.
In addition, I then have the encumbrance in the land register, with all the questions like "what happens in winter? Do I have to clear snow? What happens in 20 years if the driveway needs to be repaired? Who pays for this?" etc.

Do you have any tips or articles on this topic?

I would actually have to clarify all these questions in advance and anchor them in the land register so that I am not the only one who has to build, keep ice-free, repair,... the driveway. Right?

Somehow a strange construct, or am I just being paranoid?
Best regards!
Baufuxx
 

Singelküche

2024-03-31 16:42:02
  • #2
Happy Easter

The right of way is already registered once the rear property is sold.
You accept it as it is recorded in the land register
 

BauFuxx

2024-03-31 16:58:50
  • #3


Given that it is already registered, what obligations do I then have as the "servient" property? Keep it free of ice, maintain it,...?
I don’t necessarily get another contract with the owner of the rear property; at least if I were in their position, I wouldn’t want to take on any obligations.

And if it is not yet registered, what should preferably be registered? Municipal winter service. Weight restrictions, costs for repairs? Can something like that even be entered in the land register?
 

BobRoss

2024-03-31 18:19:54
  • #4
That is nothing unusual. Of course, you have to decide individually whether you want something like that. Have the broker provide you with the land register excerpt, first step: look exactly at what is stated there. Presumably, there is also a right of way for the rear property owner. If this person ever has a problem with the supply lines, for example, they are allowed to dig up as well. It is important to check in the land register in which areas lines, etc., are allowed to be located; these areas must not be built over, for example with a carport. Also, no trees.
 

SoL

2024-03-31 18:35:08
  • #5
Would be a disqualifying criterion for me. Nearby there is a great house, but exactly this criterion apparently prevents a sale. The house has been online for 1 year, price actually okay, but the plot is just awkward due to the access way at the back...
 

BauFuxx

2024-03-31 20:50:03
  • #6
Thanks, yes somehow that is unfortunately also my gut feeling.
 

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