LinkerDaumen93
2022-04-30 22:23:44
- #1
I summarize: Parcel 350 is built with a two-family house 94. The owner is the father-in-law of the OP, and is neither in the "present" scenario nor in the "future" scenario among the users of the current property or its intended new parcels, except that he is the landlord of the two-family house. Considering the OP’s age, I assume the owner is still of working age (which allows time for several gift transactions before inheritance). The owner has two children (namely the wife and the brother-in-law of the OP). In the future, his son wants to move from the rental apartment in house 94 to a single-family house 94a. Constructing it is currently only obstructed structurally by the fact that the planned parcel division would cut through the setback area of the existing building (which could be resolved by changing this boundary), and that the existing building narrows the construction site access. The OP himself wants to demolish house 94 and build a single-family house "94 new" in its place. The (new) parcel "350 front" of the OP would have to serve as an access way (GFL) to the parcel of his brother-in-law. The aerial photo suggests that the building desires could be fulfilled as far as building windows are concerned.
From my point of view, the most skillful way would now be to contribute the developed property as it exists into a "Parcel 350 development company" and to form three ownership units on it, namely a) the special use area "building plot in the rear part," b) the communal property GFL area, and c) the front part with the existing former house 94 that will be removed in the future. Further explanation gladly in person, the way to me can be googled with "This is 11ant writing." [This is not legal advice, but merely a transfer of how Charly does it to the example of the OP’s circumstances. You may notice: Charly knows Hubert *smile*].
Many thanks for the detailed response. You have understood the facts exactly right. But I already see that the division and transfer of the property, which ultimately requires a gift, should best take place only after demolition. Otherwise, in the end, the old property might still be assessed by the tax office during the gift and this would certainly exceed the respective exemptions of €400,000 per child (my wife and my brother-in-law).
As stated in another answer at the beginning, this does not prevent us from fully planning our construction project and submitting the documents for approval to the city.
In the coming days, I will first have a phone call with the local notary. Let's see what I hear there.
An appointment at the city with various participants is also scheduled for mid-May.