Terraced house with garden (special usage rights)

  • Erstellt am 2021-07-24 18:25:09

ypg

2021-07-30 12:39:41
  • #1

It is clear: it refers to the owner of the RH. He is responsible for his respective "special property". I put that in quotation marks so that people don’t misunderstand it the way it seems to be for others.
There are such contracts.
You don’t always have to see problems where there are none.
 

HubiTrubi40

2021-07-30 15:00:06
  • #2
So I understand it as well. Isn't the user of the special property also a co-owner of the (non-residential) common areas? Then I understand it almost synonymously, although I am not a legal expert.
 

Lotti88

2021-07-30 16:51:22
  • #3
§ 1 WEG:
Ownership of apartments = condominium ownership
Ownership of rooms not used for residential purposes = partial ownership
Common property = the land and the building, insofar as they are neither part of the separate ownership nor owned by a third party

Until 01.12.2020, ownership in "open spaces," such as gardens, terraces, and outdoor parking spaces, could not be established. For such areas, only special usage rights could be granted. Special usage right = all other owners are excluded from using the common property.

Changes to the common property (bicycle parking, garden, possibly also terraces) may only be made within the powers granted by the community rules, resolutions, or law. Structural changes (roughly most things fixed to the ground) may only be made after a resolution. Simple uses, such as barbecuing, belong to normal use and must only comply with the house rules or mutual consideration.

In case of uncertainties, I would have the declaration of division with community rules reviewed by a lawyer. This usually does not take very long and therefore should not be particularly expensive.

As is almost always the case: no plaintiff, no judge. If the community has gotten along well so far, then everything is fine --> as long as no troublemaker buys in who insists on their rights just because they are right. In that case, you need to know what you are really allowed to do.
 

HubiTrubi40

2021-08-01 12:50:16
  • #4
So, judging by how the other gardens are laid out, I have the feeling that it should be more or less okay. And yes, if in doubt, I will talk to a lawyer again. What still worries me a bit are the cracks in the attic. I have read a lot and also heard again in another forum that it's probably not too dramatic, most likely shrinkage cracks. Still, I don't exactly know what kind of renovation work will be needed. If it was just filling and re-plastering, then that would be okay. Another thing is that the tenant who lived in that building had her clothesline in the basement. However, in a small room without windows. The real estate agent herself said she doesn't understand that. But there is a radiator in front of the room. Maybe that was the reason. I'm just wondering if that was so good in terms of moisture and mold formation. I didn't see anything quickly and it didn't smell musty but quite normal. The real estate agent said in response to my question that the basement is dry. Since I can't go into the house again before bidding, I am submitting my offer. If we get the contract award, I can have it checked or looked at again. The purchase is not legally binding with a successful bid yet. Otherwise, we really like it. We still have to figure out the bicycles and the garbage bins, but I think a solution will be found. I looked up how much plastering costs per sqm (about 20 euros) and sanding/sealing parquet also about 20-25... is that realistic?
 

HubiTrubi40

2021-08-03 20:54:08
  • #5
So I placed a bid... let's see if I get it. If not, keep looking.
 

minimini

2021-08-04 09:36:34
  • #6
Exciting! How long does it take until you receive feedback?
 

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