Danni86
2021-03-12 08:48:52
- #1
Hello everyone,
we have bought a small terraced house and are shortly before the handover of the keys.
However, our bank was very thorough when checking all the documents and subsequently found a missing right of way.
We have access from the back through the garden, which is all consistent. However, we do not have a right of way from the neighbor to reach the front door.
No one was aware of this until now. The neighbor believed we had the right of way, the seller as well, and the notary also told us before signing the purchase contract that it exists.
Now it seems that the right of way was not registered by the authorities in the land register. This apparently goes back
to a mistake by the notary when the house was sold by the developer to the current seller 4 years ago.
Accordingly, our notary was surprised and quickly took care of the registration.
My question now is, how high are the costs for a subsequent right of way (118 m² living space, 185 m² land) and who bears these costs? The purchase contract merely states: The seller declares that the development costs have been fully paid.
Do costs for rights of way count as development costs?
Furthermore, this now delays the payment of the purchase price and thus also the handover of the keys.
The purchase contract mentions default interest in case of late payment. But the clause that prior information from the notary must be given cancels out the default, doesn’t it?
Sorry for the uncertainties, but property ownership is still new territory for us...
Thank you very much!
we have bought a small terraced house and are shortly before the handover of the keys.
However, our bank was very thorough when checking all the documents and subsequently found a missing right of way.
We have access from the back through the garden, which is all consistent. However, we do not have a right of way from the neighbor to reach the front door.
No one was aware of this until now. The neighbor believed we had the right of way, the seller as well, and the notary also told us before signing the purchase contract that it exists.
Now it seems that the right of way was not registered by the authorities in the land register. This apparently goes back
to a mistake by the notary when the house was sold by the developer to the current seller 4 years ago.
Accordingly, our notary was surprised and quickly took care of the registration.
My question now is, how high are the costs for a subsequent right of way (118 m² living space, 185 m² land) and who bears these costs? The purchase contract merely states: The seller declares that the development costs have been fully paid.
Do costs for rights of way count as development costs?
Furthermore, this now delays the payment of the purchase price and thus also the handover of the keys.
The purchase contract mentions default interest in case of late payment. But the clause that prior information from the notary must be given cancels out the default, doesn’t it?
Sorry for the uncertainties, but property ownership is still new territory for us...
Thank you very much!