Dividing property - options and impacts on fire department access

Exactly for that, I need solid legal advice in order to properly address these concerns.

A legal consultation cannot and above all MUST NOT be provided by a forum. Everything I write now is therefore also NOT legal advice but only personal life experience...

If the usufruct for grandma is registered in the first rank, there is no concern that her home is at risk. Even in the case of a forced sale, the usufruct would remain. The purchaser would only benefit from their purchase after grandma’s death. However, banks do not look favorably on a usufruct in the first rank and often require subordination for the financing. Of course, this also depends on the proportion of equity versus financing. In the event of subordination, the usufruct would cease in case of a forced sale. The risk of losing the home would therefore exist in this case. --> Talk to the bank about whether they would also finance in a rank behind the usufruct.

The problem with a physical division is unfortunately in your case that the rear property cannot be simply accessed through a clearly defined area. If you do the division and grant a right of way “through the yard,” in the worst case of a forced sale, the purchaser would then have this right. That means the outsider may drive through your yard and you must not obstruct them (e.g., by parking in the yard, etc.). For a physical division, I would seriously consider demolishing the outbuilding. Even if that is not the nicest solution for the rear property. Assume that you need to provide a 3m wide path drivable by a truck (fire department). Is there enough space between the barn and the property boundary for that?

For advice on the division or usufruct and the resulting advantages/disadvantages in case of necessity, I would see the notary as the right contact. But notaries also view their role very differently ;) . My tip for consultation-intensive topics is to rather visit a notary in the countryside. They usually simply have fewer cases (and lower market values) and can therefore take more time for you. A city notary has no interest in such “small fry” and would rather invest their time in corporate law or larger developer projects.

P.S. If it turns out to be a physical division, get in touch again. If done amicably now, a lot can be arranged regarding the right of way to make the situation more pleasant for property A in case of necessity.

Whereby the right of way and utilities should then lie on the edge of the property. But today that would be the southern edge, the outbuildings would have to be demolished and you would have the access forever in the southwest corner of the property.

The two building parts that extend to the southern boundary of the property are relatively unimportant: a chicken coop without chickens and a I-don't-remember-what. If you imagine them away, it is not enough for an access path, because the freed-up alley becomes less than 2 meters wide. However, this could become a good utility route if the placement of the building were planned more to the north, see the following paragraph...

I think first you should discuss the possibilities of construction/placement on the property here.

We have already addressed this step. We have marked the (according to our layperson’s understanding) conceivable buildable area, see picture. This roughly maintains the following distances:
to neighboring properties (north and south)
to the barn (6m)
to the street (<=50m)

We would like to place the house as far north as possible, because a terrace is planned on the south side of the house, so a bit of a view is desirable.

A legal consultation cannot and especially MUST NOT be provided by a forum.

That is clear to me, I would never rely on forum content for legal issues nor encourage anyone to give me or anyone else legal advice in a forum. I am only interested in a hint as to whom I can turn to for such advice. Because right now it feels like we are back at the starting point. The consensus seems to be that you need to get to a "competent" person. Whether it's a surveyor, notary… almost doesn't matter.

My tip for advice-intensive topics is rather to consult a notary in the countryside.

We are moving from Berlin to Cottbus, so the colleague based there, whom I met yesterday, is by definition "in the countryside." ;)

But advice was not his thing. So I will look around again.

An important point is also the fire department access. In the preliminary request, the building authority pointed out that the fire department access will only be addressed in the "real" building application.

The "fire department access" essentially stands for the property access.

We now intend to divide the currently contiguous property into part A (which remains with my grandmother) and B (our building plot).

This does not work "in the middle." Official division does not work with a "central" access road. Every aspiring builder should understand that. I don't know how it works with an ideal division, but even there I basically see the same concerns. For me, that is rather logical. A central access and development would divide the front part.

I don't know how it works with a notional partition, but I basically see the same concerns there as well.

With a notional partition, it would work. Initially, everything is common property, and the exclusive rights of use are defined in the plan. We had such a case in our circle of acquaintances with a semi-detached house that was notionally partitioned. A strip ran right through the garden exclusive right of use so that the neighbor (builder) could reach his garage directly. With a real partition, I would also not see a narrow strip property here (that really wouldn't work with a central access) but rather a right of way on Property A. Since this does not have to be an exclusive right of way, it is quite conceivable.

Maybe the notary wasn't so bad after all. At first glance, I would have considered the notional partition in the "family" constellation as expensive nonsense. With the conditions "secure home even in the worst case," "accessway across the property," "bank has to cooperate," it is an option to consider. However, I would also consult the bank on all three options.

The advice at the notary is usually (at least here in Bavaria) not given by the notary himself, but by the notary inspector or official councilor. They have both more time and more experience with such matters than the notary himself. So, do not necessarily insist on consultation with Mr./Ms. Notary personally.

Yes, maybe the idea of the right of way should be picked up without separating the access, but only the rear area?

Yes, maybe the idea is to adopt the right of way without separating the access, but only the rear area?

Yes, exactly, two rectangular plots. The front one then grants the rear one a right of way (and a right of utility lines). This must be formulated in favor of the front property for the "worst case".