Notary contract amendment of the right of way

  • Erstellt am 2020-06-01 20:08:30

BarCli2013

2020-06-01 20:08:30
  • #1
Hello

we have bought a plot of land, the real estate agent and notary have set an easement for walking, utilities, and driving with a width of 3m to the back towards our property. This is also how the property was sold to us.

Now the building authority has come back and said that we only have a walking and utility easement with a width of 2m to the back.

Is the property now worth less at the back? Does the contract need to be changed?
We were always told about a walking, utility, and driving easement, and this is also stated in the contract. The building authority only grants 2m instead of 3m. This is registered as a building obligation on the front of the property.

What options do we have, we get along well with our new neighbors and we want to keep the property. Only the both of us, ourselves and our new neighbors, are upset about the way the real estate agent handled this.

I look forward to tips.
 

Tarnari

2020-06-01 20:14:53
  • #2
Hm... we ourselves had quite a lot of trouble with an access way and registered easements. But since when do notaries or real estate agents determine such things? That is surely decided by the selling owner....
 

nordanney

2020-06-01 20:25:40
  • #3
You need to explain more. Rights at the notary are registered as easements in the land register. Building encumbrances are structured differently and are not notarized by the notary (it is different in Bavaria, where basically everything goes into the land register). Who is supposed to get which right and how? What was notarized? How does the building authority come into play? What are the rights even for? What does "at the back" mean? Etc. I actually don’t understand what this is exactly about from your text.
 

BarCli2013

2020-06-01 20:35:49
  • #4
Hello

the owners have not clarified anything. They have sold a piece of land.
This is now to be divided into 2 plots.
We bought the rear plot, which will be created after the division. The neighbors are taking the front plot, where there is a house that they are renovating.

In the notary contract, we had a right of way and utility easement registered with a width of 3m in the contract and in the land register.
Now, when we have to apply for an exemption for the division stating that the basement of the front house does not count as living space, the building authority came and said that we (the rear plot) which is still being formed, only receive a 2m right of way for utility and passage. This must be registered on the front plot as a building burden.

We do not have a hammer plot.

Is this clearer now?
 

Tarnari

2020-06-01 21:14:21
  • #5
I admit, that sounds complicated. Since when can a building authority determine something like that? More a question to the group, not directed at the OP.
 

BarCli2013

2020-06-01 21:16:23
  • #6
Well, because there are regulations for the properties in Berlin.
 

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