Transfer / conveyance of a property to siblings

Hello dear forum members,

I have the following problem:

My parents own two plots of land that are directly adjacent to each other. However, each plot individually is too narrow to build a house on. If the two plots were combined so that building over the property boundary is allowed, construction in the first and second row (one behind the other) would be possible.

Since we do not know how things will look in the future or if construction in the second row will ever take place, it is planned that both plots will initially be transferred to my name, and if later one of my two brothers also wants to build, this will be shared with me in half, so that construction in the second row, via an access road, is possible!

In this case, we would accordingly include some points in the notary contract.

Now the notary says, however, that the matter must first be examined for tax purposes, because I could receive a gift of 400,000 euros from my parents without paying gift tax. However, gift tax would be due if I later transfer half of the property to one of my brothers or to my parents. The tax-free maximum amount for this would be 20,000 euros.

How can this situation be best resolved so that, in the event of a later separation of the plots and transfer to a family member, no gift tax has to be paid?

(Of course, one could now say "Just redivide the plots now." However, we do not know what the future holds. A redivision will certainly cost much more than simply transferring both plots to my name.)

I look forward to your opinions, criticism, and comments!!

Thank you very much and best regards

Birdie

Sure, one could say now "Just divide the plots anew already." However, we don't know what the future holds. A redivision certainly costs significantly more than merely transferring both plots into my name.)

Then you just have to include the gift or inheritance taxes that may arise later in the option "transfer only to you now." And suddenly the option "divide immediately and re-register" becomes considerably cheaper.

Added to this is the question of whether this type of planned, later development would actually be legally permissible or whether this only exists in your own plan. Furthermore, there might be someone who receives the "worse part" of the property, which often leads to problems. As you already say... who knows what the future holds. The other part of the property then belongs to another person, who can do with it whatever and whenever they want. I wanted to have clarity on this from the very beginning and would always have a strange feeling in my stomach about the later... someday... somehow,...

Another variant ... one sibling receives land, the other(s) are paid out equivalently.

Then the parents are supposed to merge the plots and immediately split them again into front and back. At the back, a right of way or an access is registered. They gift you the front, and initially keep the back for themselves. In their will, they appoint each other as sole heirs.

Then they can gift the back plot to you or one of your brothers at any time or also sell it to third parties. When transferring within the family, there is no gift tax! Once the last parent has passed away, you should know at the latest who is supposed to receive the back plot, because then there will inevitably be a change of ownership.

I have the following problem

Every year again ...

However, seen individually, they are too narrow to each be able to build a house on.

No, they are not. But unfortunately you have left your various other threads hanging instead of bringing them to a decision.

If the two plots were combined so that one is allowed to build over the property boundary, building in the first and second row (one behind the other) would be possible.

But the municipality has seen it differently so far. Are there any binding news on this?

However, since we don't know how things will look in the future

Why were the plots formed like that not so long ago then?

How can this situation be best solved

By first clarifying with your family who specifically intends what now and who is supposed to get what at some point.