Proposal / Ideas Rights for common path / water

  • Erstellt am 2021-09-21 17:08:22

clicks0815

2021-09-21 17:08:22
  • #1
Hello everyone,

I am Heiko, 29 years old, from Baden-Württemberg, and I have a question about how you would solve this "problem."

Briefly the data/facts: A large plot of land (still owned by our parents) is being divided among the three of us children and gifted.
Each has received a plot in their desired size/location and everyone is satisfied.

Here is a picture for illustration

A, B, C represent the persons/plots respectively.. in front the black is a street, yellow the path from the street to the plot/person B.
The blue dot on the black street represents the water pipe.

Now we have a question:

Person A has already been to the architect, since they want to start building relatively quickly after the notary appointment (which is to take place in about 4 weeks).
The architect suggests laying the water pipe along the yellow path so that persons B & C later do not have such high costs to lay the pipes to their plots.

Now comes the specific question.

The yellow path enters into B’s ownership, which is logical - he needs the road as the only access to his plot.

What usage rights / usufruct rights / other rights do A & C need so that they can later withdraw water from B’s plot or dig there to lay the pipes to their building sites? In case of a total disagreement / dispute, we want to secure ourselves all three so that there are no troubles later.

Hope this came across somewhat clearly :D
 

konibar

2021-09-21 17:56:06
  • #2
If B agrees to buy the path, then he should agree to a construction encumbrance for use by A and C. Ideally, for A & C, an additional easement should be registered that brings B a few marks.
 

clicks0815

2021-09-21 18:16:16
  • #3
B is gifted the property or the yellow path as sole owner, he does not have to buy it.
 

kbt09

2021-09-21 21:44:58
  • #4
.. I would recommend uploading the site plan directly here. External links (see Terms and Conditions etc.) are more than unwelcome here.
 

ypg

2021-09-21 21:54:01
  • #5
Where is the plan?

That is what the notary does (every day)
 

hampshire

2021-09-22 00:31:55
  • #6
Turn the path into a shared driveway with an indivisibility declaration.
 

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