Neighbors waive part of the property free of charge

  • Erstellt am 2020-05-13 08:11:36

Golfi90

2020-05-13 08:11:36
  • #1
Hello everyone

Our property has a useless "tip" that is practically unusable.

Our neighbor has his driveway on this tip and cannot get into his driveway without maneuvering due to the road layout.

I have therefore considered granting him this small part of our property as a "neighborly favor."

We want to put everything in writing.

He can use it free of charge. In return, he must assume all the obligations that come with it. And everything must be dismantled within 6 months if our plans change, or if our house is sold, if we want to extend, etc.

Is there basically a template for this? I don’t know how to draft it correctly in writing so that it carries weight!
I wouldn’t want “customary law” to come into effect or anything like that!?

It concerns the green tip at the top left.
 

cschiko

2020-05-13 08:32:27
  • #2
Lease agreement?! The only "difficult" thing here should be the precise definition of the part of the property, meaning exactly which part is meant. But that should be possible with a dimensioned site plan/sketch. And lease payment, then just make it the obligatory euro and that's it. This should be a fairly clean option!
 

Alex124

2020-05-13 08:55:33
  • #3
Why go to so much trouble anyway? With us, it’s like this: we have a similar situation. We verbally agreed with the neighbor that he can drive over it and also that he can lay a few paving stones there so that it looks decent. We get along great, I didn’t want any money or anything else for it. Now, from my side, this situation can stay like that as long as we get along well. Even if at some point we don’t have much “to do with each other” anymore, I wouldn’t care. But I clearly told him that if there should ever be serious neighborhood disagreements, this concession on my part would become void. So what can happen? The property remains mine. As it looks, we get along great and everyone is happy. If my neighbor ever acts stupid or maybe sells, and the new neighbors cause trouble, then I have 2 hours of work. Then I dispose of the 2 wheelbarrows of paving stones, throw some potting soil on it, and it’s just “garden” again where no one drives over anymore. In our village, people usually just settle it that simply.
 

guckuck2

2020-05-13 08:56:10
  • #4


Why? So that the regulation does not have to be maintained forever out of habit?

Otherwise, it only costs money! Rights of any kind belong in the land register (notary, court), possibly triggering surveying expenses, etc.

Just design the corner so that he can drive over it and tell him, go ahead. Done.
 

RomeoZwo

2020-05-13 09:40:11
  • #5
A lease agreement does not have to be entered in the land register and you do not have to go to a notary; it can all be done in private writing. It is also possible to lease parts of a property (e.g., parking spaces), it just has to be dimensioned or described precisely somewhere. I have also leased part of a garden plot to the neighbor. Rent 0€ but taking over the incidental costs of the area (i.e., property tax/stormwater charges for the 12m2).
 

rick2018

2020-05-13 16:57:26
  • #6
I would also aim for a solution like the one from .
 

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