Buy land with right of way

The longer I think about it, the stranger this construct appears to me.

The construct is rarely not strange. To put it bluntly: if you want the property, then only with this easement. Otherwise, someone else has to buy it. What interests you, here is an excerpt from immoportal: What obligations arise from the right of way? Various rights and obligations are associated with a right of way. For example, the owner of the servient property may not restrict the neighbor in the agreed use of the path or block the path. The holder of the right on the dominant property, on the other hand, is obliged to use the path as gently as possible and comply with all conditions attached to the right of way. The right of driving, for example, does not allow the holder of the easement to park their car on the access path. They must also not impair or damage the property on the servient land. If a usage fee is agreed for the right of way, the owner of the dominant property must make the respective payments. Who pays for the maintenance of the right of way? Clearing snow in winter or trimming bushes and trees for better passage – the right of way also involves costs arising from the maintenance of the access path. Usually, the person who uses the right of way, i.e., the owner of the dominant property, bears the costs for maintenance and clearing. However, other agreements regarding the maintenance of the path are also possible. These should definitely be recorded in writing.

So I have exactly the same situation. It's no problem. Since I also use the driveway, all costs are shared. So far, maintenance also works without a plan. You just take turns somehow. It would be interesting to know how to handle it if you do not use the access road. Because then you would have to agree on some kind of usage compensation. And how to come to an agreement if one party already owns the rear property – no idea. Oh, and I don't want to sugarcoat it, both parties are quite relaxed in our case. The situation obviously carries potential for conflict. But it doesn't have to come to that, I just wanted to point that out.

Oh, why it is done like this: It is more cost-effective to divide because fewer boundary points (surveyors) are needed. Also, theoretically, one can then build directly onto the access road since the access road is usually 3m wide = boundary distance is maintained. With the bulb turnaround, a takeover of the distance area would still be needed. Possibly, one wants to keep the plot sizes large in order to comply with the floor area ratio or to make the plots easier to develop.

If it was like with me, then the rear plot has not yet been sold (meaning: not yet with the notary) and the plot division has not yet been carried out, but everything is done in one go. Then the division costs and all encumbrances and land register entries, etc., can be passed on to the buyer(s). In the notary contract, both buyers are then obligated to do it that way and also, for example, to share the costs.

If I had been smarter back then, I would have had to negotiate 30-60m² more, not have used the access road after all, and have contractually included a separate usage fee – aside from the fact that I probably would have been out of luck back then since there were still 100 other applicants for the plot. You could check if that might still be possible for you; maybe it’s not so “hot” today and in your area. Shared use, however, leads to cognitive dissonance satisfaction in one’s own brain. The plot part feels less “lost.”

By the way, I even paid more – so be glad that somehow the disadvantage is accounted for in your case.

Thank you for your detailed thoughts on this! Exactly, a big part of it is the feeling that we are disadvantaged and the competitor might have gotten the prime piece.

I have now inquired whether it is already registered; I would like, as you say, to have usable passages for us in the land registry, e.g. something like 'maintenance, winter service etc. will be split in half.' Let's see, the broker's response is still outstanding. If it is already registered, I will of course have to think hard again. Have a nice evening!

Rear-lying plot also has disadvantages: connection length and thus costs. Additional distance to travel (possibly backwards over 20m on 2.40 paved area, which is not only difficult for my wife). Obstructed view, depending on the neighboring situation more adjacent neighbors with whom one has to deal (my rear neighbor has, for example, four, I only have three (or one less each, because my neighbor on the right is a wasteland).