Encumbrance for access without registered right of way in the land register

  • Erstellt am 2018-05-11 19:07:54

Jordinar

2018-05-11 19:07:54
  • #1
Hello,
we intend to purchase a plot of land that is located together with 3 other plots on a private road. The 4 developable plots and the private road are each separate parcels. 4 future builders (one of them being myself) each acquire 1 developable plot and the plot of the private road in a 1/4 share.
A building encumbrance is registered on the parcel of the private road:

"The owner undertakes to tolerate the access and driveway as well as the laying, leaving in place, and maintenance of supply and disposal lines to the plots: on his property towards the lower building authority of the district XXXX."

An appendix to the building encumbrance includes a graphical representation of the situation.

The land register only provides that for the parcel of the private road, the right to demand the dissolution of the community is excluded forever. An easement or similar right is not provided or registered.
Can this be waived in this constellation since everyone holds a share of the road anyway and thus no easements would need to be registered for it? If I own 1/4 share, am I allowed to drive over the entire road?
The building encumbrance still exists as well.
 

Escroda

2018-05-11 21:51:12
  • #2

Yes.

Yes.
A land register entry is useful when different rights and obligations are to be established, e.g. two adjoining owners need the street for the development of their properties, the other two only use it four times a year as a manure path for green waste disposal, since they have another main access available. It would then be unfair if all four had to share the maintenance costs equally.
 

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