Right of way must be registered in the land register

  • Erstellt am 2017-10-19 14:54:17

Manu0403

2017-10-19 14:54:17
  • #1
Hello, we are just about to move in, yesterday suddenly our neighbor got in touch. I'll start from the very beginning. We started building in March this year, from the beginning the neighbors told us that we could drive over their driveway to get to our yard, paving was already done, which was all agreed with the neighbors and every time they said yes, it’s no problem blah blah. Now, one week before the move, they said it is not legally permissible because of the right of way, etc., and we should change everything back. The problem is that then we can hardly or not at all get under our carport. I could freak out because they could have informed themselves right at the beginning and then there would have been the possibility to somehow plan differently. Anyone have an idea what we can do? Maybe call the municipality or road construction authority to see if they would possibly take back a part as municipal land? It concerns 4-6 sqm.
 

Otus11

2017-10-19 16:16:25
  • #2


On the other hand, that also applies:
Your carport -> Primarily your duty to provide information ...

A right of way must simply be registered in the land register – if necessary by lawsuit. Rely on the oral agreements (witnesses?) and possibly pay compensation. Costs some money, time, and effort.

Who was the seller?
 

Bau-Schmidt

2017-10-19 17:29:48
  • #3
Easements should be registered in the land register. Otherwise, problems like the ones you have can occur. I would first try it politely with a compensation payment.
 

11ant

2017-10-19 19:07:24
  • #4
The - for whom, about what? Whether a right of way is registered on their property for you, you have to know (and that before building).
 

Alex85

2017-10-19 20:10:25
  • #5
Apparently someone realized afterward or was informed that money usually changes hands for right of way ... ask them for their price
 

11ant

2017-10-19 22:45:53
  • #6
Above all, easements only exist once they are registered in the land register. Before that, they are not rights, but merely permissions. However, these are worthless as they are not notarized.
 

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