House on parents' property - inheritance problems?

The solution sought is the one that burdens us the least.

Who is "us"? Currently, your parents are not burdened at all; any change is disadvantageous for your parents and always leads to costs. It will probably already be a burden if you openly address the topic.

Division and gifting can also be disadvantageous, because if something happens to me, my parents would be the heirs. And in this case, as far as I am correctly informed, there is no tax exemption.

If something happens to you, it does not matter anyway. Then the family line simply ends without heirs. So why save taxes?

But why should anyone protect you from "paying taxes"?

That would be a great warning: "Paying taxes harms your personal wealth accumulation" – but: where do you stick this warning? – on Cayenne license plate frames? *LOL*

That would be a great warning: "Paying taxes harms your personal wealth accumulation" - only: where do you stick that warning? *LOL*

You hang it on the fishing rod in front of your nose :P

So, yesterday over a glass of wine, I discussed your case with the notary in the family. (Since I am NOT a lawyer and may not be able to provide complete information, this is NOT legal advice)

1) Usufruct rights on houses without land are very difficult - because in the case of renting out, you would have to assign a part (how much, how value increases are considered) of the rent to the landowner.
2) A right of residence for you would probably work, it could be contractually regulated which part of the land you are allowed to use and that the right of residence remains valid even in case of "not living there" (so you can move out and the house then remains empty, cannot be used otherwise).
3) In the event of inheritance, the value of the house would be deducted from the estate if you can prove beyond doubt that you paid for the house. But only the economic current value of the house would be deducted (-2% per year). That means if you inherited 20 years after the house was built, 60% of your original construction costs would be deducted from the estate. In times of rising real estate prices, this is rather disadvantageous for you.

It would make sense to divide now and have your share gifted to you by the parents. The house value would then also be deducted at current value, as in the case of inheritance. It costs a few thousand euros but then the situation is clear.

With the re-survey you might even be able to achieve that the adjacent land (which apparently the municipality wants) is merged with the other properties (in other words, making 2 from 2 but with different dimensions).

We are looking for the solution that burdens us the least. Division and gifting can also be disadvantageous, because if something happens to me, my parents would be the heirs. And in this case, if I am correctly informed, there is no tax exemption.

But there is, 100,000 euros and additionally tax-free goods (household goods) up to 41,000 euros per parent.

1) Usufruct rights on houses without land [...] 2) A right of residence for you would probably work,

It's a pity that you can only pin one "Like" per post I would also consider the idea of a leasehold or the hereditary building right to give the house a legal foundation.