Right of way and driving before sale - Advantages and disadvantages?

  • Erstellt am 2019-07-22 11:03:17

taschenonkel

2019-07-22 11:03:17
  • #1
Hello everyone,

I have a question about a pedestrian and vehicular right of way to be registered in the land register. My wife and I want to buy a house that previously consisted of a residential building, 3 garages, and an attached medical practice. In front of it is a shared parking lot/access road. The subdivision has already been carried out. We want to buy the left two parts (marked in red in the picture). The medical practice next door remains the property of the seller and is still rented to a general practitioner.

The seller now wants to register a pedestrian and vehicular right of way for the upper part (parking lot) of the property I want to buy. The subdivision of the properties is exactly halfway through the courtyard driveway. The medical practice shall be the dominant property, my part of the property the servient one.

Question: Do I have any disadvantages related to this, or should I try to insist on a "gentlemen's agreement" so that the right is not registered in the land register? Should I also have such a right registered for the right part of the neighboring parking lot? I own 2 of the 3 garages.
 

Reini1234

2019-07-22 11:35:49
  • #2
I would also have a right of way registered on their property as a precaution. That way it's a clean matter
 

nordanney

2019-07-22 12:05:55
  • #3
Everything else would be nonsense. Only buy the property with mutual rights.
 

cschiko

2019-07-22 12:24:41
  • #4
I see it the same way, that way both parties would be protected. Even if your driveway might be wide enough so that you are not dependent on it. Nevertheless, I would still have a mutual right registered, that way you are secured.
 

hampshire

2019-07-22 13:19:25
  • #5
Developers often do it this way: They separate the path as a separate parcel and distribute it proportionally to the neighbors with a declaration of indivisibility. This way, everything is regulated at the land registry office – right of use and obligation to maintain, sharing of possible costs (street cleaning...). This would be clean, secure, and fair.
 

Similar topics
25.03.2012Land now - house construction next year23
31.05.2012Financing of the property: Does the entire financing need to be secured?11
02.07.2014Realistic purchase of land and new construction of a single-family house & how to finance it?20
24.07.2014Buy public parking lot next to the property17
06.01.2015First buy the plot, then calmly plan and build...?11
16.02.2015Property purchased - Is financing/loan for house possible?13
17.08.2015Expand property11
05.01.2016Building on the parents' property12
27.02.2017Determination of land value of property with existing old structure25
16.02.2017Transfer property / not married33
14.03.2017Property purchase, should the spouse be registered in the land register?17
10.05.2017Transfer of property from mother-in-law to me and my wife41
31.05.2017Inspection of the land register parents' house21
30.08.2017Land charge - Separate financing for land and house12
05.09.2017Finance land/house separately - fixed interest rate11
28.01.2018Construction obligation by bank or municipality? Land purchase contract15
04.05.2019Property with a price significantly higher than the standard land value23
28.05.2019How is it regarding a gifted plot of land with house construction?11
24.06.2020House on parents' property - inheritance problems?161
07.01.2021Building a house for 2 brothers, how to proceed (division, measuring, land registry, etc.)?21

Oben