Experiences with alternative route rights / judgments

  • Erstellt am 2019-11-08 09:57:14

Escroda

2019-11-09 10:16:51
  • #1
How do you come to that conclusion? Where did you get them from? No, certainly not for a multi-family house. No approval authority will grant a building permit for a multi-family house if access is not secured (§4 paragraph 1, State Building Code). The WBG will (have to) approach the owners of the pathway area and negotiate a right of way. This then must be secured by a building encumbrance and entry in the land register. You can confidently lean back and wait. In BW, neighbor participation is mandatory according to §55 State Building Code. As soon as a building application is submitted, you will be informed. Should this not happen against expectations or should a building permit be granted despite objection (which I consider excluded), you can still go to a lawyer at the first sign of construction starting.
 

Rosmarin

2019-11-09 10:50:13
  • #2


Yes, of course I am already upset, once construction has started it will be too late.
And why should it be neither obvious nor conclusive?



This is what the drafts and plans show.
The yellow access no longer exists on the plans, underground garage entrance and parking spaces are only accessible via the courtyard area.
And we want to prevent that.



Plans and drafts of the WBG



Again, the drafts. The conclusion from this is that sooner or later the right of way will be requested.
Then either an agreement or a lawsuit.



Because for the WBG there is no other way to access the property.
As I said, then either an agreement or a lawsuit.



The plans and drafts were presented to one (!) of the three parties.
 

Rosmarin

2019-11-09 10:56:53
  • #3


Thank you, the plot of land has existed like this for over 80 years.
The owners also had a house nearby.
Both were sold separately by the descendants.
The plot that the WBG has now acquired was previously used only for agriculture (garden, potatoes, field, shed) and could be accessed with the tractor based on an oral agreement.
Therefore, there is no registered right of way.
 

ypg

2019-11-09 14:40:16
  • #4
Yes, over the yellow marked area you mentioned. That one and no other.
 

Rosmarin

2019-11-09 14:43:11
  • #5

I don’t quite understand.
Even to reach the yellow marked area, our private road must be used as a connection.
Therefore, a right of emergency access (or right of way) is necessary.
 

11ant

2019-11-09 16:37:42
  • #6
One could even make execution plans from a castle in the air, but it would remain a castle in the air without approval (feasibility) – and what says is usually qualitatively more than just an expression of opinion (otherwise he explicitly points that out). I have myself already seen a real estate agent’s exposé for a multi-family house that was not approvable. That would not have to be the first property by means of which a deposit fraudster acted as an alleged property developer.
 

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