Transfer / conveyance of a property to siblings

So you would create clarity beforehand

Yes absolutely, nothing else!

Unfortunately, none of my brothers goes along with it because everyone prefers a detached house.

Everyone then does what they want on their part; that's how it should be. By the way, I can understand your brothers.

And there are things in life that can change.

...and exactly for that reason clarity beforehand!

Sorry that I can't/won't build a house from one day to the next.

...you are not alone with that.

The patch of earth that belongs to my parents should be used properly, in my opinion!

Well... I think the main thing is that you get a favorable and nice plot for yourself, which is completely legitimate and just as understandable. The little patch of earth itself would surely feel comfortable even without a house on it. "Properly" can mean something different to everyone, so absolute clarity beforehand is necessary! Just THAT alone can already be difficult... A visit to the notary can clear up most things, provided there is fundamental agreement or determination by the parents. Unfortunately, there is often a lack of this and the children fall out because the parents do not want to hurt anyone and pass the necessary decision on to the children.

well, with a 400k gift to one brother, I as the second brother would already be nervous^^

Good morning,

Many thanks for all your answers!

Yes, everything has been settled within the family. We will redistribute the plots so that everything is clearly regulated for the future.

Should we have the access road to the rear plot directly demarcated so that it belongs to the rear plot?

Or would you simply divide the previously adjacent plots so that they are one behind the other and register a right of way for the rear plot, so that it is entitled to drive over the front plot?

Thank you very much for your help!
Have a nice Sunday everyone!

Best regards, Birdie [ATTACH width="306px" type="full"]50915[/ATTACH]

well, with a 400k gift to one brother, I as the 2nd brother would already be nervous^^

I think you might have misunderstood. Nothing worth 400k is supposed to be passed on to me. It was about parents being able to transfer tangible assets to their children up to an amount of 400k without incurring inheritance or gift tax. Best regards Birdie

I would spontaneously include the access path to the rear property. Then it is clear who is responsible for winter services, etc. Also for the few meters along the street. On the other side, one would have to check again exactly with the setback areas whether everything fits. The sketch from above is of course completely unsuitable for this, but I think there were already handwritten sketches. Just take a look at which maximum house size is still possible in which positions.

Yes, everything is settled within the family.

Fine.

We will redistribute the plots so that everything is clearly regulated for the future.

Since you did not answer my question

Are there any binding updates on this?

I recommend making a planning law building inquiry before the division to find out whether building is allowed in the second row at all, unless you leave the problem to your brother when he wants to build someday and then realizes that he owns a more or less worthless meadow.

Should we have the access road to the rear plot directly delineated so that it belongs to the rear plot?

Since 20m of plot width is completely sufficient for you according to your previous planning details, this solution is obvious, as it avoids encumbrances in the land register.

Or would you simply divide the previously adjacent plots so that they are one behind the other and register a right of way for the rear plot, so that he is entitled to drive over the front plot?

No. You would only do that if the setback areas or the floor space ratio/building volume ratio for the front plot were insufficient.