Terraced housing estate - access route not owned

  • Erstellt am 2017-07-11 21:18:19

Bentovic

2017-07-11 21:18:19
  • #1
Hello everyone,
We are still looking for a house.
Since the 1930s terraced mid-terrace house didn’t fit, we ended up with a mid-terrace house from the mid-90s. (Good location, good price, and enough space)

The following situation.
The developer built 26 terraced houses in the mid-90s.
The purchase contract at the time stated that the communal shares are divided 1:26. However, this was never recorded in the land register. I got this information from the real estate agent after I submitted a purchase offer by email......

So it looks like this:
The land register records the parcel of land where the house stands and the parking space. In other words, 2 parcels are acquired in the purchase.
The communal areas such as (access road, garbage area, and smaller green spaces) are still listed in the land register under the developer (according to the agent’s statement). With 26 parties, it is about 10 m² per party including the garbage collection point (which you would otherwise also have in the front yard)

This condition has existed for 20 years now. I have already spoken with 2 owners who have lived there for 17-20 years. Both see the situation relaxed. Repairs of the "communal areas" are arranged among each other, as is winter maintenance, etc.

What is your opinion on the situation?
 

Bentovic

2017-07-11 21:59:13
  • #2
Sorry - I don't know how to edit the post.

I have also read the keywords "Gewohnheitsrecht" and also "Notwegerecht". The latter would be predestined for the situation.
 

ypg

2017-07-11 22:12:13
  • #3
You can only edit within 10 minutes.

The Terms and Conditions prohibit link placement, can you still change that?

Best regards in brief
 

Bentovic

2017-07-11 22:17:02
  • #4
Unfortunately, I cannot change it.
 

Nordlys

2017-07-11 22:21:35
  • #5
When you buy, there is a seller, correct? And that is no longer the original developer, correct? The current owner must provide you with a clean, unencumbered land register. He can only sell what belongs to him. Correct? Thus you know, and your notary must also know, what the seller has to do before notarizing the deal. He has to go into the 26th share. Karsten
 

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