Neighbor wants to buy a small part of the property

Thanks to everyone for the explanations so far.

: The new boundary is supposed to run straight between 2 boundary points without detours. Therefore, in my opinion, no new survey is necessary.

Yes and no. The parcel must be separated, because from the current parcel two parcels will be created, one of which you want to sell to the neighbor. At the moment a new boundary is formed, costs for a subdivision arise, in this case for the special case "separation."

You will not avoid these costs; I can also provide you with a non-binding estimate of the costs for the separation or any colleague on site can do that. For this, a sketch of the parcel with the new boundary and the standardized land value is required.

The matter with the garden house or the building is borderline. On the one hand, such buildings do not require a building permit, but nevertheless, the building authorities usually classify it as built-up, ergo a subdivision permit is generally required. However, it is sometimes possible to obtain a so-called negative certificate, i.e., the building authority confirms that no special subdivision permit is necessary.

It is best to discuss this point with a publicly appointed surveying engineer colleague on site; they know the local clerks and the corresponding procedure/view of the building authority.

Best regards
Dirk Grafe

I would not sell but much rather rent out over a longer period of time.

Furthermore, a tax exemption may possibly apply:

§23 Income Tax Act

....Excluded are assets that were used exclusively for own residential purposes during the period between acquisition or completion and sale, or used for own residential purposes in the year of sale and in the two preceding years;...

In addition, there is a tax allowance of 600 euros:

5Profits remain tax-free if the total profit from private sales transactions in the calendar year is less than 600 euros

I would not sell but much rather rent out for a longer period.

Why would you do that?

We will probably sell. We do not need the piece of garden since our property is already big enough. Besides, we can of course really use the approximately 10,000 € to further increase our equity alongside the property. Furthermore, the relationship with the neighbor is also important.

By the way, the neighbor agrees to bear the costs of about 3,500 euros + costs for the 160 sqm.

I would not sell but much rather rent out over a longer period.

The question arises as to what the neighbor intends to do with the part of the property he wants to acquire. If it is to be built on or overbuilt, or needed for construction purposes (e.g., setback area), then that will hardly work or will incur a domino effect of additional costs.

For garden land, it can be considered.

Best regards
Dirk Grafe

By the way, the neighbor agrees to bear the costs of approx. 3,500 euros + costs for the 160 sqm.

If you can sell your garden land at the full building land price, then you shouldn't hesitate.

The lease income for 1ha of grassland is about €200/ha. Calculated for 160m², that's roughly €3 per year.

Even if the neighbor were to pay €100 per year, you would have to live to 100 years old to just reach €10,000. So garden land doesn't pay off or only does so if the neighbor would otherwise pay only €5/m² purchase price.

Then you would be in the profit zone after about 8-10 years.

Best regards
Dirk Grafe