Our garden wall stands on the neighbor's property - is a notarized contract necessary?

  • Erstellt am 2020-06-25 17:48:47

Zauberwesen

2020-06-25 22:36:02
  • #1


That would be terrible... Just imagine if the deceased had sold you his house while alive and had kept the "live here forever contract" a secret from you...
 

RomeoZwo

2020-06-26 07:47:59
  • #2
Unlike property transfers, it would be new to me that a notary must be consulted for rental agreements. This sounds like a "lifelong" rental contract. No idea if something like that can be formulated in a legally secure way. But it is certainly difficult because it interferes with the economic independence of the heirs.
 

RomeoZwo

2020-06-26 07:56:28
  • #3
The OP could check whether a notarially certified usage for the wall (similar to a right of way/easement) might be possible. It would save a new survey and a donation would also not be an issue. But if it is to be permanent (i.e., even after the death of party A and B) it must be entered in the land register -> off to the notary.
 

nordanney

2020-06-26 08:28:09
  • #4
Not as a rental contract. Then a right of residence must be formulated ==> which inevitably goes through the notary again.
 

RomeoZwo

2020-06-26 08:43:17
  • #5


Correct - that is the usual way with house or property handovers. But I am not familiar with that when dealing with a third party who actually lives in a tenancy. Also, with a real right of residence, the maintenance costs are to be borne by the entitled party (although this can probably be changed in the contract).
 

nordanney

2020-06-26 08:50:04
  • #6
That is quite normal. One can even grant the right of residence and at the same time have a rental agreement. Is it really different with rental agreements?
 

Similar topics
02.06.2016Assistance with property purchase; notary, identifying the owner, cadastral map18
16.06.2015Land purchase: Questions about the notary24
26.11.2015Transfer of lease agreement after purchase15
22.11.2016Did the notary charge us too much? Are the land registry costs too expensive?12
16.01.2017Notary selection - how to proceed?14
12.04.2017Garage price in the purchase contract from the notary is lower18
20.03.2018Land contract notarized unilaterally by the notary - Change the notary?16
02.05.2018Right to information from the notary even after purchase?43
28.10.2018Buying a house but the seller requires the right of residence - How to proceed?21
13.11.2018Grandma's house | Right of residence | Rent by oneself15
02.06.2020Notary contract amendment of the right of way10
11.06.2020Property purchase -> Notary -> what to consider?14
11.08.2020"Uncooperative" (unused) housing right causes problems20
29.08.2020Net cold rent lease contract clause for real estate loan35
07.11.2020Notary contract land inspection: should it be done or not?24

Oben