Easement right of way - what exactly can be stipulated?

Hello everyone,

I own a plot of land that is surrounded on all sides by other plots. Only at the front, on one side, does it have access to public paths. Now I want to sell the front part of this area. So the remaining piece would no longer have access to public paths or anything similar.

I have read that different easements can be registered. For example, a right of way for driving and walking.
Many articles refer to already existing paths. In my case, a path would first have to be established.
(see sketch in the attachment).

What is still not quite clear to me is the question of whether, when selling the front part, for example by registration in the land register (or in the purchase contract?), the following things can also be stipulated:

- exactly where does the path run?
- what width does the path have? (Dimensioning of the path so that the remaining (rear) property can still be developed for residential use in the future (emergency access etc.))
- what condition must the path have? Can I oblige the buyer to build an asphalt road there? Or do I have to, if it goes badly, bump over a meadow with my car?

I would be very grateful for your help and advice!
Best regards!

Your 3 mentioned points are quite common. For example, with us, they are registered in the [Baulastenverzeichnis].

What is missing from your list:

Easement rights
Costs of construction (a fair approach would be, for example, that you bear the cost of the asphalt if you want it that way)
Maintenance and operation (snow removal)

Everything is possible. It will be registered in the notarized purchase contract and in the land register for civil law matters and in the register of building encumbrances for public law matters. I can choose the example wording later, I am still on the go. But the notary basically knows.

So that’s how it was with us, and then there was also a sketch with a rough site plan and the plots to be newly surveyed as well as the GFL strip as an attachment.

Hello Tolentino,
thank you very much for your message and the contract text. That is very helpful!
It is probably not a bad idea to have the draft contract reviewed by a lawyer once it has been created, so that no detail is forgotten, right??
Thanks again and best regards!