To develop the property, a private road is needed

Regarding the legal aspects. If one wants a real division of the parcel [Flurstück Strasse] in order to allocate it to the individual properties, one will have to work with rights of way. Otherwise, it is advisable to own the parcel [Flurstück Strasse] jointly in thirds, with each party having an ideal one-third share. Notaries will advise on how to proceed.

Regarding legal matters. If one wants a real division of the parcel "Street" in order to allocate it to the individual properties, one will have to work with easements. Otherwise, it is advisable to own the parcel "Street" jointly in thirds, each owning an ideal third. Notaries will advise you on what works how.

One must be careful, as this differs in some federal states because building law regarding building encumbrances (Baulast) is handled differently. There are federal states that do not recognize building encumbrances (Bavaria), while some recognize only certain types (Lower Saxony).

From a building law perspective, for example in NRW, the private-law right of way (servitude) does not help in the case you described, even if all adjoining owners own equal shares of the street. This is (and must be) additionally or alternatively regulated per building plot by a public-law building encumbrance (right of pedestrian, vehicle, and utility access).

Whether notaries always fully observe/advise this, I would not bet my life on.

Basically, this is nonsense. Everything becomes complicated simply because cities and municipalities do not want to maintain it.

Kind regards Dirk Grafe

You have the densely populated, strictly regulated NRW in mind. MVP and other sparsely populated areas like SH still know this: Go to the mayor, ask, my brother has a horse paddock there, we would like to build. He says: Then build, but you lay the road yourselves. You'll get electricity and water there, sewage, you build a septic tank, and that's fine. So: Private roads are not so uncommon with us.

This exists here just the same and is enjoying growing popularity among the communities, that's the stupid part. Legally it is difficult, especially if suddenly someone stops playing along.

Theoretically and practically, you can sell your shares in a street and then the chaos starts if it is not regulated perfectly clearly.

Best regards
Dirk Grafe

Hello Rollo,

so you really want to stick to this plot with all the mentioned disadvantages? Okay then.
You need a certified plan submitter because the road is a construction requiring permission (see [Bauordnung NRW]). Ask the civil engineer whether he also submits the building application or your architect if he takes care of it (and under what conditions). The development plan provides the direction (length, width, location).

P.S.: A reference to your earlier thread would have avoided some questions.