Right of first refusal of the city and access route

Hello everyone,

We are currently working on a property that we have already viewed and have also had an appraisal appointment. The property suits us, is in good condition, and is also attractive in terms of price.

During the subsequent financing consultation with a large financing broker, our financing advisor mentioned an issue that we had not considered before.

According to Tim-online and the land register, the plot consists of several parcels. For simplicity, I have attached a drawing. Parcels 2 and 4 are a narrow strip (approximately 1m wide) that separates parcels 1 and 3 from the street. According to the land register, these parcels belong to the property, but are declared as a road there. The realtor mentioned that the city could exercise a right of first refusal in the event of a change of ownership.

Our financing advisor then raised the issue of access to the parcels 1 and 3 located behind. If the city exercises its right of first refusal, how is access regulated then? Could it be, in the worst case, that one can no longer reach their property?

Thank you very much!

Could it be the worst case that one can no longer reach their property?

No. To my knowledge, it is regulated in Germany that one must be able to access their (building) property or their property with a residential building. This is called development. In the worst case, if the municipality wants to use the parcels themselves, they would look where the development lines or the driveway are located and place a driveway for you there.

As far as I know, the municipality can only step into the buyer's position. So if all properties are sold together in the notarial deed, it can only buy all of them and not cherry-pick anything. But I am not sure about that. Maybe knows more about it.

As far as I know, the municipality can only step into the buyer’s place. So if all the plots are sold together in the notary contract, it can only buy all of them and not pick and choose. But I am not sure about that. Maybe knows more about it.

In fact, the municipality can limit its right of first refusal to the area mentioned by the TE. However, this requires concrete reasons – e.g., within the scope of a development plan if the area is needed for certain purposes. This could be the case here if the municipality wants to take ownership of the area already designated as a road (= access) (or as a sidewalk?). However, this would not change the fact that the property is still considered developed since it is accessible via a (public) road. I see no problems. A photo would be helpful, however, to better understand the rather simple description.