Buy part of a plot - temporarily lease back

Hello everyone,
we are currently planning an extension of an existing house in a mixed-use area in Bavaria. One of the options would be an extension to the west, but this would bring us too close to the neighboring property. Therefore, we are considering purchasing a part of the neighbor’s plot (commercial area), which we would then use as a setback area (building not on the purchased plot, but only up to the boundary). The neighboring plot is still leased for almost two more years, so usage/development would not be immediately possible anyway. My current plan is to buy the plot and lease it to the seller for an amount X until date Y, so that his lease agreement would not be affected.
The neighbor has basically agreed to this idea, details still need to be discussed and clarified with the notary (we are not that far yet).
Another possibility would probably be the takeover of the setback area by the neighbor, but this proposal was only met with moderate enthusiasm ;-)
I am also not quite sure if I can simply annex a part of a commercial plot (120 out of 14,000 m2) to my plot (700 m2).
Of course, only the notary can give me binding help here, but maybe someone of you has already done something similar or is familiar with this situation and/or has another idea how to proceed here.
Thanks in advance
Christian

I am also not quite sure whether I can simply annex a part of a commercial property (120 out of 14,000 m2) to my plot (700 m2).

I consider that unproblematic in itself. For the special aspect of merging a parcel part from a GE to a parcel from an MI (MD?), you better wait for ;-). I could imagine a more feasible approach would be that you acquire the parcel part to be demarcated without merging it, and then take over a setback area from yourself on it. Would this area, by itself as an independent parcel adjoining a public traffic area, be considered "developed"?

Hello thank you for your assessment. No, this part of the property would not be developed on its own, meaning no adjacent road. However, in the future this might be possible, as there are plans to convert this industrial area into a mixed-use area in the medium term (3-5 years). Even then, it is unlikely that a 120m2 plot on the edge of the mixed-use area will be developed... rather, more plots will border it.

@Escroda

... needs a site plan. And the development plan – or do the types of areas result from the actual development.

Purchase of a part of a plot from the neighbor (commercial area), which we would then use as a clearance area ... (120 of 14,000 m2)

120m² clearance area!? Respect!

Another possibility would probably be the takeover of the clearance areas by the neighbor

That would be a much better option – saves money, time and bureaucracy.

only moderate enthusiasm arose to this proposal

Why?

I am also not quite sure whether I can simply annex a part of a commercial plot (120 of 14,000 m2) to my plot (700 m2).

Annexation should be possible, but even without knowledge of the development plan, the subdivision might violate §19, paragraph 2 of the Building Code. Now I have heard that no one checks this in Bavaria. Nevertheless, one should be aware that the costs of subdivision are probably beyond 3000€. And whether, due to the imminent construction project, someone might take a closer look after all...?

Good morning. Yes, of course there is a site plan and a development plan, which dates from the 70s. The development plan shows that the neighboring property is a commercial area (GE). The 120m2 setback area only results from the "reasonable" expansion of the property, since the neighboring plot tapers off at a sharp angle in this direction, so that you cannot simply cut out 20m2 at the required spot without leaving an almost unusable sliver. The adoption of the setback areas is not entirely off the table, but since the owner intends to build on it in the medium term, he probably wants to keep his development options open. Regarding the option of subdivision and development, we will seek further discussions with the municipality. I can only partially understand §19, para. 2 of the Building Code. Does this mean that if a property is a GE according to the development plan, it cannot simply be attached to a property in a mixed-use area? Would the purchase option proposed by 11ant as an individual parcel then be possible? Or is it a matter of interpretation and only the municipality can provide me with information? Thanks again for the support

The assumption of the setback areas is not completely off the table, but since the owner intends to build on it in the medium term, he probably wants to keep the development options open.

I don’t understand that: whether he sells you the disputed area or encumbers it with a setback easement, it amounts to the same thing for his construction: you cannot assign the same area twice as setback.