Notary contract amendment of the right of way

the building authority came and said that we (the rear property) only get a 2m right of way for the conduit and passage.

How can it be that the building authority changes your notarized right? That can only happen if the easement is also changed notarized. Have you as entitled parties and the neighbors in front been to the notary again? You can register whatever you want between the encumbered and the entitled property. The building authority can go around in circles or do whatever. If you agree on a 3m wide right of way, then it is three meters. I still do not understand exactly what is happening.

How can it be that the building authority changes your notarized right? That is only possible if the easement is also notarized changed. Have you as entitled parties and the neighbors at the front been to the notary again? You can register whatever you want between the encumbered and the entitled property. The building authority can go around in circles or do whatever. If you agree on a 3m wide right of way, then it is three meters. I still don't understand exactly what is happening.

That is exactly what I mean. As far as I know, the building authority has zero authority there. Who sold the property and what was assured to whom in the land register at the time of sale?

I find that interesting, as I am the buyer of the front, serving property in a very similar constellation. Also a 3m strip. However, we have not yet received any strange notification from the building authority. May I ask how long after the transfer of the land register this came?

Could it simply be a typo?

I still don't understand exactly what is happening.

I think you have already grasped the cause of the confusion in #3. Unfortunately, the original poster does not answer your questions. Also, the facts are not entirely consistent. My assumption: The original poster wants to purchase a partial area of a property. Since the property is developed, a subdivision permit from the building permit authority is required. This will only be granted if a construction servitude is registered on the other part. Since there are no requirements for the escape route – accessibility by aerial ladder vehicle or large fire engine – no right of way is legally necessary under building regulations. The public-law security through the construction servitude therefore is limited to the necessary pedestrian and utility rights. The original poster has nothing to do with the registration because he is not yet the owner. The burdens and benefits from the public-law construction servitude have no influence on the private-law agreements secured in the land register.

How can it be that the building authority changes your notarized registered right?

The original poster did not write that, and if he understood it that way, then he certainly misunderstood it.

Then the building authority can go round in circles or do whatever.

The building authority demands exactly the construction servitudes necessary to remedy the building law violations. They do not care about private-law agreements. Registration of construction servitudes and registration in the land register have nothing to do with each other unless the owner of the burdened property refuses the registration of a construction servitude, although a corresponding entry exists in the land register. Then the registration of the servitude can be enforced by legal action.

However, no strange message has yet come from the building authority in our case.

Then the owner of the rear property probably has not yet submitted a building application.

Then the owner of the rear property probably hasn't submitted a building application yet.

That's right, we are both signing the applications only this week.