Share development costs or regulate them to ensure future security

  • Erstellt am 2021-12-06 13:45:52

JoachimG.

2021-12-07 14:11:13
  • #1
How is the issue of the easement regulated? We recently produced a similar situation and had the notary's regulations checked by a specialist lawyer - the bank also considered the wording of the regulation important for the possible financing.

Would your son have an easement and would he even be allowed to lay his lines there? Of course, you can lay the line for him, but then the neighbor with 50/50 ownership always becomes a co-owner and can, if necessary, join in.

In our case, we and the neighbors are allowed to sell our ideal half co-ownership share, but no one is allowed to split their share again or grant a burden to a third party.

Is there a regulation in your case? Otherwise, the neighbor could quickly prevent the son's construction or laying of lines for the son. Likewise, he would not be allowed to divide his share either.
 

danixf

2021-12-07 14:29:38
  • #2
What hampshire writes is definitely the more reasonable approach. I always find it amazing how calmly he handles such matters. It's certainly the better way, but as someone affected, I would also try to prevent that. For me personally, it's not about the saved money, but that in the end it's just a freeloader who basically enriches himself at my expense.

What does the property look like? Is it completely built up to the path? Otherwise, just lay the cables on your own property. They don't necessarily cause any disturbance.

I can tell you about the electricity that the standard house connection is definitely not used for both houses. Either the supplier lays a stronger cable directly and branches it off for your son, then the end would basically first remain buried in the ground until the neighboring house needs to be connected, or they lay a weaker cable directly into your son's house. Then everything for the other house would have to be dug up again.

I assume that the current supply to your neighbor runs through his street and not through your path?
 

Tolentino

2021-12-07 14:38:13
  • #3
To be honest, from the sketch it is complete nonsense seen from the neighbor to connect to your connection. He can come from the other side, that could even be shorter. I would ask him if you can buy the shared path entirely.
 

Wassermann

2021-12-07 14:43:55
  • #4


Correct, that is the case. The sketch is only rough. From his property boundary (developed property) to mine, which is also developed, it is about 100 meters.
 

ypg

2021-12-07 14:45:23
  • #5
I don't think a co-owner is allowed to forbid such a thing. Nowadays, one has to allow something if "the general community" benefits from it. In this case, that would be housing construction and utilization of building land. At least one would weigh the options and look for alternatives. If there are none, then as a co-owner you have to allow it, even if it results in temporary disadvantages for you.
 

Wassermann

2021-12-07 14:45:32
  • #6
Yes, it could. But his area is fully paved, and he's just wondering why he should pay for his own sewer connection when I have to do one anyway.
 

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