Transfer of land within the family

Hello friends,

I have the following problem.

My parents own two undeveloped plots of land, which are shaped like strips. (each about 12m wide and 40m long)

One of these plots is to be transferred to me so that I can build a small single-family house (8x11m) on it.

We agree within the family that building right on the property boundary is allowed. So a "mutual boundary construction" should be entered in the transfer contract.

As mentioned, each plot has a width of about 12m.
Since each of the plots must maintain 3m from the respective neighboring property, we have no choice but to allow mutual boundary construction. Otherwise, the house could only be a maximum of 6m wide.

I therefore want to keep the minimum distance of 3m to the neighbor on my plot. However, I want to stay 1m away from the boundary to my parents' property.

That means the house would have a width of 8m.

What should we keep in mind and specify at the notary so that this transfer contract is written correctly?

Keywords: fire protection, distance areas, and boundary construction.

It is also simply about ensuring that no disadvantages arise for the plot, on which nothing is initially supposed to be built, for example because distance requirements must be met and it is thus no longer possible to build a house on this plot.

Another point is that the plot should be credited to me as inheritance. However, since it is transferred within the family, it should not be transferred at today's market value.

What should be recorded by the notary?

Sorry if I express myself in a layman’s way. This is completely new territory for me.

I am grateful for any answer.

Best regards from Bavaria.

Birdie

Hello, the problem in your case is that the setback areas are not there to make living more pleasant, but for example to ensure fire protection between buildings. This means that if your house relinquishes 2m of setback area to the other property, only 4m width remain there for a possible house (12-2-3-3).

[ATTACH alt="1.JPG" type="full"]34734[/ATTACH]

For the plot you described, therefore (depending on the permissible building area) there is actually only the possibility of two semi-detached houses (first one with a partition wall can be built, it just looks odd) or 2 staggered single-family houses with relinquished setback areas to the other property. How you legally document this, please discuss with your notary, whose job is to advise on this (and not just read the contract as is usually the case with real estate).

[ATTACH alt="Bild1.jpg" type="full"]34735[/ATTACH]

A somewhat more expensive but maybe nicer alternative (with sufficient building window) would be to merge the plots and re-divide them. On 24x20m you can build more nicely (then the front plot would have to be burdened with a pedestrian and vehicle right of way so that the rear plot can be reached).

Nice pictures, I like them.

So first clarify with the city which option is approvable. There could be further restrictions from a development plan. Maybe it necessarily has to be semi-detached houses.

I would also merge the plots. 24x20 is much nicer.

See "How would you plan a single-family house including basement, courtyard, and garden on this plot?"
https://www.hausbau-forum.de/threads/Grundstücksplanung-von-efh-mit-Doppelgarage.30259/

Good morning,

Thank you very much for the answers. It’s great that you stand up for others and try to help!

Many thanks also to RomeoZwo for the drawings.
Really great!

The reallocation of the plots is not so easy because the plots in the north are angled and therefore have different lengths in the south.
The street runs in the north (plan at the top).

I’m posting a picture of the plots for you.

That the notary is not only there to read the contract aloud but also to advise is exactly my problem right now. That’s why I’m turning to you in this regard. My notary, whom I commissioned, gave us a standard consultation, and accordingly, his draft, which he sent us, looked like that.
When I asked him to explain something to me again, he refused and merely recommended that we cancel the appointment for the signatures and educate ourselves a bit more.

But with whom?
For me, it is the notary’s job to advise his clients and not just send a standard draft and arrange an appointment for signatures.

Sorry, I just needed to “vent” to you now.


@ kbt09
I don’t know why you are linking my last posts.
What are you trying to tell me with that?

If you had read them, you would know that they
- Were created in different sections
- Concern a completely different topic
- This post is about the transfer contract at the notary, and the last post was about the house planning.

So if you don’t want to help me, then please just don’t write anything about it, ok?

Have a nice day, everyone!