Reallocation of parcels with multiple owners

  • Erstellt am 2021-03-13 21:58:47

baumeister53

2021-03-13 21:58:47
  • #1
Hello dear builder community,

we are new here in the house building forum and this is our first post.
We have the prospect of a plot of land that we like very much.

The following situation arises (see attached picture):
There are the parcels 1054, 1055, and 1056. Parcels 1054 and 1056 belong to Owner 1, parcel 1055 belongs to Owner 2. The parcels are to be newly divided so that three approximately equal-sized plots are created. We currently favor parcel 1 because it is widest towards the street and thus offers the greatest flexibility in the placement and size of the house.

Now our questions:
What should be considered in such a subdivision or redivision of parcels? Especially from the perspective that different owners are involved here?
What costs can be expected (re-surveying, adjustment of the land register, etc.)?
We were told to wait until the interested parties for parcels 2 and 3 are decided upon in order to share the costs arising from surveying and redivision. Is that sensible or does it make things more complicated?

It would be nice if experiences on this topic could be shared with us or if you have pointers on what we need to pay attention to.

Thanks and best regards
 

11ant

2021-03-14 01:11:39
  • #2
Unfortunately, you have left open what is plan-over or plan-under the three depicted properties and how the whole jumble fits into the larger context (also regarding development). There are three properties of roughly the same size now, but all too large for single-family houses. And they all still look like field plots that have not yet been reallotted. If I understand correctly, you are an interested party and not one of the owners 1 and 2 yourself. If I were one of these two, I would first "reallot" and exchange 1055 and 1056 with each other (even without compensation for the 28 sqm). In my view, both would benefit from this.
 

Escroda

2021-03-14 15:09:10
  • #3
From a surveying perspective, I could write 10 DIN A4 pages now. Therefore, you should clearly narrow down the question. Before unknown buyers are brought into play here, the two owners should first clarify the parceling among themselves until the new parcels are registered in the land register. There should be enough time for that; otherwise, it will really get complicated. My estimate: €4500 Can also be calculated if all parameters of the VermGebO are known. Since the costs can already be determined very accurately, the sellers should raise the sales price accordingly. Yes, then you also pay real estate transfer tax on it, but in the end, that's just peanuts. No. Yes.
 

baumeister53

2021-03-15 07:44:55
  • #4


Thank you for your response. Above the plan there is arable land, below the plan there is the street, and on the opposite side of the street there are further plots with single-family houses. On the adjoining plot to the left of the plan there is already a new building, and on the right side a building is currently under construction. The plots are developed. It is correct that I am an interested party and not one of the owners.

Maybe I didn’t describe it precisely: the black lines are the old boundaries of the cadastral parcels, i.e., parcel 1055 is significantly larger than parcels 1054 and 1056, which are rather narrow for development. That is why a new division is planned here so that three approximately equally sized plots will be created (red lines).
 

baumeister53

2021-03-15 07:54:16
  • #5
Thank you for your answer and your estimate of the arising costs. Since I am not very familiar with the topic of land surveying, necessary applications, official procedures, etc. for such an adjustment of property boundaries and there is not much information to be found on the internet here, I cannot really narrow down the first question. What would the procedure look like for such a new division of property boundaries? The note about the prior agreement of the owners and registration of the new land parcels in the land register before the sale is good; we would also prefer it that way. With this suggestion, we will also approach the owners again, as it would simplify everything somewhat.
 

Escroda

2021-03-15 09:59:52
  • #6
Since you are not the owner, it has nothing to do with you. Judging by the plan, a surveyor has already been involved. But I will describe a possible procedure, even though I believe other conditions apply here: Once upon a time there were two rich old farmers. They had so much land but no longer wanted to take care of it. Then a young master builder came along and asked if they would sell him a tiny piece of land to build on. The farmers said yes, but take care of everything necessary. So it happened that the master builder chose a fine piece of land, whose left half belonged to one farmer and the right half to the other. But since the master builder was in a hurry and knew that many months would pass until the honorable civil servants entered the desired changes in their old books, he made a plan and went to the notary. The notary then drew up a contract with three parties. In it, the first farmer sells the part of parcel 1054 still to be surveyed, section 1-A-B-8 of about 938 m², for the price of 93,800 talers; the second farmer the part of parcel 1055 still to be surveyed, section A-2-7-B of about 249 m², for the price of 24,900 talers. Should there be slight (<10 m²) deviations in the areas after the survey, the purchase price changes proportionally to the area change. The surveyor's fee is borne by the buyer. Clever as the master builder was, before the notary visit he sought and found two other young men who also intended to settle permanently. Thus, two more contracts could be drawn up by the notary at the same time, reducing the notary's fee and dividing the surveyor's fee by three. And the old farmers had to make the arduous journey to the notary only once. So the three young men built a house, planted a tree, founded a family and lived happily ever after.
 

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