Right of way / Building encumbrance declaration on main property

  • Erstellt am 2012-02-19 12:26:38

blumeendler

2012-02-19 12:26:38
  • #1
Hello,
we are planning to build a new single-family house on our property ("acquired" through a gift contract from our parents) soon. To clarify in advance what we are allowed to do and what not, I went to the responsible building authority for information. And then came the nasty surprise.

The property is a "Hammergrundstück" and can only be reached via the path through the neighboring property. Now the building authority told me that the path apparently does not belong to my property (not registered in the land register/cadastral map) and that I will not receive a building permit as long as the property is not developed. Furthermore, I was told that a load declaration must be submitted for this and that the neighbor must agree to it. Since I already know the neighbor somewhat, I now have my doubts whether he will agree without further ado or want proper money for it or even agree at all.

It should be said that the property has belonged to the parents for about 25 years, there has always been a house on it so far, and in the 25 years, two further building permits for a garage and a heating cellar (under the terrace) were granted by the building authority. Why did the building authority issue the building permits back then although the situation was the same at that time?

I am now somewhat desperate and would greatly appreciate your help.

Thank you very much
blumeendler
 

Bauexperte

2012-02-19 12:45:08
  • #2
Hello,


That is not as uncommon as you might currently assume.


You should free yourself from prejudices and simply talk to your neighbor. As I understand it, he "could" also use the access to your property in the future, which would reduce the value of his property again due to the land register entry (building encumbrance). Just talk to him; more than a "no" can hardly come of it, but you can gain a lot more.


The magic words are probably "change of the development plan" as well as the former "existing rights". You write "has stood" - is the property now free or is there still a house on it?

Kind regards
 

blumeendler

2012-02-19 13:17:36
  • #3
Hello construction expert,

currently there is still a single-family house on the property where the parents live. The parents want to move out soon, so we can then demolish the house and build NEW. The current single-family house is located exactly on the boundary with the neighbor's single-family house.

I also realize that I cannot avoid having a conversation with the neighbor. I just wanted to inform myself here if anyone has experience with this situation and can give me appropriate advice.

Furthermore, I am of course interested in whether the neighbor can now deny me the right of way if I want to build anew. As long as everything stays as it is, surely nothing will happen. I also believe that the neighbor knows the path belongs to him. And why did the building authority grant the permit for the garage and the basement without further ado. Questions upon questions...

Best regards
blumeendler
 

Bauexperte

2012-02-20 00:29:59
  • #4
Hello,


Nevertheless, the building authority informed you that you are not allowed to build new ... hmm ... if the parents currently live in the house, it should be connected to utilities?


Almost every day, and unfortunately, despite all the knowledge in this job, I keep having new experiences regarding human character.


That is exactly the question: who owns the path – the neighbor or the municipality? This should be clarified at the responsible land registry office. And yes – generally it is the case that neighbors – if they want – can cause a lot of trouble.


To be honest, at the moment I don’t understand at all what you are getting at. If this is not just an occupational therapy:

1. There is an old building (semi-detached house) on the property that you want to possibly have demolished to then build new?
2. When did the building authority grant permission for a basement and for whose basement at all?
3. Generally, boundary construction is allowed for a garage
4. Does the path lead to the neighbor’s house and your parents' house?
5. Have you inquired whether to build another semi-detached house or rather a detached building?
6. How is the current utility connection of the parents’ semi-detached house arranged?

to be continued ...

Kind regards
 

Heimwerker_King

2012-02-22 18:33:04
  • #5
The issue with the right of way is really complicated. What exactly is the situation with you? Theoretically, would you have the possibility to establish your own path? Otherwise, the statutory right of way applies and the neighbor has to tolerate that you have to pass through there.
 

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