GFL & Access according to the development plan - question of understanding

Hello everyone,

we intend to buy a plot of land, but we want to be sure that we have correctly understood all aspects of the permitted development. Since we are absolute newbies in this field (first project), we only have a layperson’s perspective.

It concerns the permitted or possible access to the property – since it is a corner plot (3264/150), there is a public road at the bottom and next to it on the left a cul-de-sac (3264/161), which is private – belonging to the neighboring multi-family house, mainly used for garbage collection.

However, if we have understood the development plan correctly, this private area is burdened with pedestrian, vehicular, and utility easement 7. The text section of the plan states the following:

"The pedestrian, vehicular, and utility right GFL1 - GFL7 specified according to the plan entry includes the authorization of the neighbors (and their visitors) to use the designated area as property access and property entrance, as well as the authorization of local utility providers to receive, lay, and maintain the necessary lines here. The areas burdened with pedestrian, vehicular, and utility rights must be kept free of any kind of construction and planting."

Is it then not the case that we could theoretically realize access to our property from this cul-de-sac as well? Or are we completely mistaken here?

For better understanding, I have attached excerpts from the development plan; hopefully, they include all relevant information.

Isn't it the case that we can theoretically also realize access to our property from this dead-end street?

Theoretically yes. In practice, actual rights must be established from the planning intention of the development plan, i.e., you need to get in touch with the owner to have an easement and/or building obligation registered in the land register or building obligations directory. In this process, rights and obligations should be recorded in writing as comprehensively as possible.

Practically, actual rights must be created from the planning intention of the development plan, i.e. you have to get in touch with the owner to have an easement and/or building encumbrance registered in the land register or encumbrance register.

Well, let's think about it. If it were my street and my future neighbor came along to make it clear to me that from now on he wants to use my street as well and would like this to be registered in the land register as a burden on my street... that would be expensive. oops:

Hi, I don't want to start a new topic again...

The problem on our side is that we have a rear property. The GFL right is recorded in the land register, but the Berlin Water Utility now said that this wording needs to be supplemented (keyword "inspection shafts") or added to the encumbrance. Now to the actual problem, the neighbor from the front property sold the house + land on 30.09. To what extent can he/she still make changes now? Or do we now have to arrange all this with the new buyers? It was actually agreed that we would have this entered with the current owner before the sale... Typical case of learning the hard way, always obediently saying YES AND AMEN to everything because we are the new neighbors and didn't want to mess it up.

Best regards