Property Purchase - Questions about the Process

Hello everyone,

I have a question regarding a purchase agreement for a plot of land.

The situation is as follows:

[*]The seller inherited the plot of land and it is currently still being transferred to him. He is therefore not yet registered in the land register. However, the priority notice of conveyance is to be entered for him in the next few days.
[*]In addition, a building load (Baulast) would have to be registered on his property (which borders the land to be sold).

We could now wait until the plot has been transferred to him and then initiate further steps. However, both parties would like to fix the purchase already now. Since it is otherwise difficult to build on the plot, we would also like to have the building load registered on the seller’s adjacent property at the same appointment.

My questions are:

[*]Is a purchase on this basis already possible or maybe someone already has experience with this?
[*]Can the building load be registered now at all?
What documents are required for the registration of the building load?
-> The seller has promised us this verbally. I wonder whether a possibly financing bank, with which he is still financing his house on the property, could “intervene”. If they refuse the building load, nothing can be done, right? How realistic is such a scenario?
-> The plot has not yet been surveyed, so it is not yet clear whether it will have to be a 0.5m or 1m setback building load (roughly speaking).

The “easiest” would probably be to wait until the property has been transferred to the seller. However, so that we can continue planning, I would like to initiate/complete the purchase as soon as possible, which is also in the seller’s interest.

Thank you in advance.
Best regards

Since building on the property is otherwise difficult, [...] The plot has not yet been surveyed, so it is not yet clear whether a 0.5m or 1m setback obligation will be required (roughly speaking).

Half a meter that decides buildability (???)

Let's say "buildability" according to our ideas. Surely one could also place a narrower house, but of course we would like to build as planned.

Let's say "buildability" according to our ideas. Surely one could also place a narrower house otherwise, but of course we would like to build as planned.

That sounds like "counting your chickens before they hatch" – and now you want to fix this by "praising the day before evening"? As Plan B, I would advise preferring a boundary shift to the half-meter setback easement of the same extent, and as Plan A, for me it would be clear at the top priority to always plan a house according to the plot, not the other way around. I don't believe in prenatal design (except for setbacks).

I cannot unfortunately follow your explanations in quotation marks. We planned the house according to an oral commitment regarding the setback easement, as the property can be utilized even more optimally this way. If it turns out differently afterwards, so be it. Nevertheless, this would initially be the goal. However, this is not what this is about here, but rather whether and how the legal processing can be carried out.

Since a notary is already involved in the matter, talk to him and document everything further together in writing.