Missing right of way after house purchase

For the current case, everything is clear. The neighbor has already agreed and there are no problems. Now just make sure that the notary does not set the value too high (because they earn more from it), but the state notaries are generally considered fair anyway :-). Here, the developer and his notary messed up back then – it's unfortunate, but it will probably be difficult to hold the two liable.

But generally regarding the legal situation:
- If B did not have access through the garden, B would have a claim against A for an easement of passage. However, A would then be entitled to a so-called path rent, calculated from the area that B (alone!) needs. In this case, that would be 1/3 of the path, which A, B, and C use together.
- If there is another access, the situation is completely different. The easement of passage lapses. In case of doubt, the front door would also have to be relocated (yes, unrealistic in the present case).

For the current case, everything is clear. The neighbor has already agreed and there are no problems. Now just make sure that the notary does not set the value too high (because he earns more from it), but the regional notaries are generally considered fair :) . Here the developer and his notary messed up back then - it's unfortunate, but it will probably be difficult to hold the two liable.

I'm curious. If it's the same notary, he would theoretically collect twice?

Is it possible to deduce how high he sets the value and what the appropriate value would be? I think I have to wait and see what comes in first.

You bought something without consideration - In my opinion, the seller is responsible for the fault and costs

I'm curious. If it's the same notary, theoretically he would charge twice, right?

If it is the same one and it was billed back then (if it was forgotten, I rather assume it was not billed either, because the invoice is created by the clerk based on the documents, and if nothing was in there ...), I would discreetly point that out to him as well. Just ask the previous owner who is listed as the notary in the purchase contract.

As far as I know, the €5000 is the minimum for fee calculation, meaning even if only €100 is entered, the fees remain the same. But ask the notary and have him enter this value (minimum). You wouldn’t want the tax office to suspect a gift here...

Now I have reread the original post and am somewhat confused - if it was notarized at that time in the purchase contracts (i.e., in the purchase contract from A it states that B and C have a right of way), and only the entry in the land register did not take place, then only the land register fees apply (because the notarization did take place at that time). The invoice for this would have been sent directly to the owner by the land registry office at that time.

you bought something without consideration - in my opinion, the seller is responsible for the fault and costs

Even if the purchase contract states that all development costs are present and have been paid?