Sale to two buyers, who bears the surveying costs?

If I understand correctly, the dotted line is also the one that the property development company is having subdivided (surveyed)? Then the tenant would not need to have anything surveyed because it is already surveyed. Then you would "only" need to go to the notary after the registration in the land register. If it is the solid line that still needs to be surveyed, his part of the property is of course not yet surveyed. If there are any further questions, I am happy to help. (That's how I earn my money ;) .)

Hello Niels,

now I'm confused. Your answer is exactly the opposite of ypg.

So if the user has his new property surveyed, the boundary points at the edge of the small leased garden will also be recorded. But can the tenant then simply go to the land registry office (do you somehow need the exact coordinates for that or how does that actually work?) and have it registered accordingly?

Or does the tenant have to have his new entire property surveyed himself so that the former leased garden is now added to his property?

Thanks again for the generous help so far! :)

now I am confused. Your answer is exactly the opposite of ypg.

I am not an expert! I just think logically!

So if the developer has his new surveyed, then the boundary points at the edge of the small leased garden will also be recorded.

Does the developer also have the intersection between the dashed and the solid line surveyed? Sorry if I'm missing something. It would be best if you redraw the drawing and mark the boundaries that still need to be surveyed in red. Even better would be if you upload an excerpt from the land registry here (district, corridor, plot as well as address can be blacked out). A screenshot from the corresponding geoportal of your federal state would also suffice.

But can the tenant just go to the land registry office

No. At least in Lower Saxony, that is not sufficient. Here, property transfer can only take place through a corresponding purchase contract that has been notarized by a notary. Unfortunately, I do not know how this is regulated in other federal states.

(do you somehow need the exact coordinates for that or how does that actually work?)

If the survey has been entered into the land registry, the surveying office receives/sends the so-called transcription documents. With these, the notary can initiate the change of ownership at the land registry office.

Or does the tenant himself have to have his new total property surveyed so that the former leased garden is now added to his property?

This raises the question again of what else needs to be surveyed, hence also the question about the red lines. If the existing building is already on its own plot, the notary should make sure that the new plot is recorded on the same land register sheet and the same running number. Then the surveying office can merge the two plots into one plot (free of charge) afterwards.

Hello Niels,

Thanks again for the response!
So, I have redone the drawing now. Based on the aerial photo.

The situation is as follows:
The thin pink line outlines my property.
The part to the right of the blue line is to be sold, the part to the left with the allotment garden will stay with me.

The developer is buying everything to the right of the blue line, whose exact position still needs to be determined.
So I assume that the developer will have his new overall property surveyed to determine the actual size. In order to then also calculate the price.

Now about the spot with the yellow and red lines.
The red is the area that belongs to the tenant.
Yellow is the leased garden that he currently leases from me and now possibly wants to buy.
(Whether he buys it depends on whether he has to have it surveyed or not, because the survey probably costs significantly more than the towel is worth).

If the developer now has his area surveyed and measures along the yellow lines, then basically a small leftover piece remains. So exactly the "yellow" leased garden, which is then wedged between the developer’s property and the tenant’s property.
If I then sell that to the tenant, does he have to have it surveyed or can he simply have it registered?

I hope my question has become clearer now??
Thank you very much for the help!
That really is not a matter of course and makes me very happy! :)

Oh, now I understand! You can sell directly there. (Whether the measurement must first be adopted, I unfortunately cannot say at the moment, the notary or the land registry office can certainly answer that better than I can.)