Procedure for Property Division

  • Erstellt am 2016-04-11 23:34:41

Baumhauser

2016-04-26 19:32:50
  • #1
Thank you, Nordanney, but why don't we build with a [Bauträgen]? ([Baumeister-Haus] is planned) Regards Baumhauser
 

nordanney

2016-04-26 20:15:19
  • #2
A developer sells you a (still to be built) house including the plot. Since the plot already belongs to you, you build with a regular construction company (general contractor).
 

Baumhauser

2016-04-30 10:47:14
  • #3
To everyone who replied to me: Thank you very much! I have since been to a notary: 1.) All indications were confirmed. (Praise for high expertise!) (Land registers: spouses' land register remains "reduced", son receives a new land register; the WEG does not get a land register) 2.) only for built-up parts of the property are further land registers created (garage) 3.) new (for me); magic word: SPECIAL USAGE RIGHT. This can be agreed for building parts (external staircase), garden, parking space, etc. (A settlement with 6 semi-detached houses is planned nearby, which will be sold as a condominium complex. All gardens will be assigned through special usage rights. The advertising points out the savings on surveying). Regards Baumhauser
 

DG

2016-04-30 11:16:45
  • #4


Ok, but does the advertisement also mention the disadvantages of this arrangement?

Best regards
Dirk Grafe
 

Baumhauser

2016-05-01 12:15:24
  • #5
Hello Dirk, thank you for your note. No, only savings on [Grundbuch, Notar, Vermesser] are being referred to. What disadvantages could there be? I myself also want to allocate parts of the property ([Garten, Mülleimerstellpätze usw]) through special usage rights. With May greetings Baumhäuser
 

DG

2016-05-01 19:51:00
  • #6
Quite simple. If the property belongs solely to you, you can do whatever you want with it. If it belongs to you together with others, your rights are at least limited. In the [WEG], a "special agent" is enough and you have 30 years of fun because all structural matters must be decided together, even if you (like in the 6-person constellation as the first in line with the fence from the sixth) are not directly affected.

The insidious thing is – you don’t even know the owner composition when you buy and you have no influence on who might "buy in" through ownership changes.

As a surveyor, you can let it run like that without worry. If, later on, properties are separated from the 6-person parcel because it no longer works, it is definitely more expensive than if you separate it properly before construction begins. It gets really bad if division is no longer possible.

Honestly, I can hardly imagine savings with the notary/land registry, but it is possible; I do not want to exclude that. However, the fact is that due to the lack of division, more properties, owners, and thus rights have to be interwoven and mutually secured.

The division costs cannot be precisely quantified without knowledge of the layout, but especially with multiple properties, costs quickly drop to a manageable level. In return, you then have peace of mind separately.

Best regards Dirk Grafe
 

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