Sewer and gas pipeline rights over a private road in the notary contract

  • Erstellt am 2020-06-24 08:08:00

Hausner

2020-06-24 08:08:00
  • #1
Hello,

I am purchasing a plot of land in the second row. To have access, a 3.5 m wide access road was measured out from the front plot and marked as a separate parcel. The notary contract states that the newly measured plot is recorded in the land register with "sewer and gas pipeline rights for the respective owner of ..." ... my rear plot. It also states: "The aforementioned rights are approved and applied for deletion altogether. According to the information, they are no longer necessary since the development of ... (my rear plot) takes place via the newly measured plot."

Now I am wondering whether it might be better to keep the sewer right so that I am, so to speak, my own service provider. Is that sensible?
 

Escroda

2020-06-24 18:44:31
  • #2
In all other federal states it would definitely not be sensible, as the building permit authority would then additionally require an infrastructure easement. Although there are no easements in Bavaria, I still do not consider it sensible, because on the one hand I see no advantage and on the other hand possibly another land register entry in favor of the municipality would be necessary. A parcel consolidation makes many things easier. What do you hope to achieve by maintaining the separation?
 

Hausner

2020-06-24 18:57:33
  • #3
I haven't even thought about a merger yet. That's true, that would be great. Can that be done directly at the notary? How much does a merger cost?
 

Escroda

2020-06-25 06:47:04
  • #4
In NRW a notary is not required for this and the association is free of charge. Since Bavaria is unique here as well and a notary is already involved anyway, you should clarify the questions bindingly with a phone call.
 

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