Dividing property - options and impacts on fire department access

Hello,

we are planning to build a new single-family house in Cottbus/Brandenburg on my grandma’s "field" behind her three-sided farmyard. A preliminary building inquiry, asking whether building there in the second row is generally possible, was approved.

Now we intend to divide the currently contiguous property into part A (which will remain with my grandma) and part B (our building plot).

Today we were at the notary, who was able to answer some questions regarding this type of anticipated inheritance, but understandably remained reserved on the subject of building rights. I am also not sure if he was fully confident regarding the possible variants of ownership transfer (real partition, ideal partition, overall transfer with right of residence and usufruct). Perhaps he defines his role more as a registering/notarizing party rather than as an advisor. Here we definitely need more certainty. Is a specialist lawyer for real estate law the right contact person for this?

An important point is also the fire department access road. In the preliminary inquiry, the building authority referred to the fact that the fire department access road will only be addressed in the "real" building application. We are not clear whether the decision for one or the other variant of property division has an impact on this issue. Now I don’t know what I or my grandma can mentally prepare for: a paved fire department access road and turning area on the farmyard or merely a path on which a hose can be unrolled. I know the 50m distance to the traffic area; I have also already looked at the state building code at this point. Whom can I contact before submitting a building application to get relatively binding information on this?

Now I don’t know what I or my grandmother can mentally prepare ourselves for: a paved fire department access and turning area in the yard or merely a path on which a hose can be unrolled. [...] Whom can I contact before submitting a building application to get somewhat binding information on this?

The fire department is accessible in other ways than just the emergency number 112. Call the town hall, where in office 61 (or 37, the organization is not uniform) you will find the administrative head responsible for the fire department. It will not just be about a rolling-out path for a hose here, but about the "attack" on a fire source with an aerial ladder vehicle, which needs a paved, straight driveway. Whether this path legally belongs to your property or is only a right-of-way corridor does not matter. However, weaving through between grandma’s garage and shed won’t work. An approvable development of your property will require a straight path, which I don’t see here, but only (requiring the demolition of outbuildings) at the lower property boundary on the plan. The corridor for pedestrian, vehicle, and utility easement must be such that it can be clearly designated, permanently available, and the utilities must not be built over. A mere "you may drive anywhere across my yard" – even if written, notarized, and entered in the land register, etc. – will be too vague and will not suffice to approve a building application here. The preliminary decision could therefore only have referred to affirming a basically permitted construction "behind" the barn along with "still some space" regarding ground sealing. If I were your co-heir, you should expect strong opposition if you want to "fracture" grandma’s property along the currently possible winding path with a corresponding corridor. The pedestrian and vehicle easement path might later also be exchanged equivalently – i.e. “relocated” – but: where would you lay pipes there that must remain permanently accessible for digging?

Thank you for the quick and detailed response! I forgot to mention that the shed is going to be demolished anyway, but the barn, if possible, will not be (yet). This would make the corridor between the garage and the barn 7 meters wide and accessible from the street via a straight path.

It should also be easily possible to build the new structure behind the barn within the 50m distance.

I will contact the fire department administration before we commission the surveyor and establish facts regarding the subdivision of the property.

The "co-heir" will, according to the current situation, only be myself in the medium and long term, so strong opposition is unlikely. However, I of course want to find a planning-wise sensible and legally sound solution. Would consulting a specialist attorney for property law be the right approach for the subdivision?

Best regards Micha

Regarding the subdivision possibilities, I would consider what you plan to do with the property in the further future.

If the part belonging to Grandma is to be sold later, a "real" subdivision might already be worthwhile now. However, the right of way and utility easement should then lie at the edge of the property. That would be the southern edge today, the outbuildings would have to be demolished, and you would have the access route forever in the southwest corner of the property.

I consider an ideal subdivision nonsense here. To form a WEG with Grandma, subdivision declaration, etc. is, in my opinion, shooting sparrows with cannons here (only the notary probably profits the most from this).

If Grandma agrees to a full transfer with usufruct (right of residence is included in usufruct, but not vice versa) and there are no overly complex claims from other heirs, that would probably be the most elegant solution at the moment. Access can initially be via the yard and shed. If A is sold and redeveloped later, the access can be newly defined beforehand, for example, at the northern boundary of the property.
The usufruct also reduces the value of the gift and can possibly entail tax advantages compared to a gift of "only Part B".

The property is not to be sold either fully or partially as long as we are alive according to the current situation. Therefore, from my perspective, the physical division is not absolutely necessary. It only serves the need for security of my grandmother and my mother. They are concerned that with other solutions there is a risk that if the project or financing fails, my grandmother's home will be at risk. For exactly this reason, I need well-founded legal advice to appropriately address these concerns.

However, I of course also want to find a planning-wise sensible and legally flawless solution. Would talking to a specialist lawyer for property law be the right way for the subdivision?

Rather not, they will lack the technical creativity. We had a capable surveyor here for years, who unfortunately was driven away. Where you might still find him, I’m not allowed to tell you here, but you can Google the way to me ("here writes the 11ant") ;-)

that with other solutions there is a risk that if the project or financing fails, my grandmother’s home will be endangered. That is exactly why I need well-founded legal advice,

I think you should first discuss the possibilities of development / placement on the property here, so that the legal advisor even has a basis whose possibilities can be examined. You will find plenty of threads here if you look for property subdivision in connection with sibling buyouts and the like. Create a concrete idea of the house you want to build.