Waiver of right of way and easement - what are the consequences?

  • Erstellt am 2021-04-17 21:11:25

Escroda

2021-04-17 23:31:16
  • #1

Without a plan, it can’t be answered, but it is certainly possible.

It has no influence on the building boundaries, since those are set in the development plan, provided one exists, but it does influence the actually buildable area.

That is commendable.

I had the suspicion shortly before your last post. So I can leave it out now.

Possibly yes, but as you have marked it, it lies on the property boundary, from which distance must be kept anyway.
 

K1300S

2021-04-18 06:40:32
  • #2
Everything in life costs, so I consider it naive to expect from the owner that the waiver would come for free. As we now know, he apparently did not grant this for free when it was registered, which is why I see it only as right and fair (sic!). Giving up obvious things just for the sake of peace brings nothing in my experience; moreover, the property owner could just as well accept, for the same reason, that there are conditions under which the right is deleted – which, in my reading, he will have to do anyway, unless it is gifted to him. Furthermore, there are even six privileged parcels if I interpret the sketch correctly, so this issue also applies to all of them and possibly not all will take the charitable path. ;)
 

HilfeHilfe

2021-04-18 07:21:46
  • #3
why give up when he is gone anyway... the next buyer may possibly take it with the right of way
 

tomtom79

2021-04-18 07:22:54
  • #4
As I see your plan, the property that has the right of way registered is large, which means a multi-family house could be built there; as property owner number 6, this would need to be examined. I don't know how much money it would be worth to me to have such a block in front of my nose.
 

Yaso2.0

2021-04-18 09:10:20
  • #5


We should probably check that again, my drawing of the right of way and pipeline easement is a current assumption, since there are greenhouses on the rest of the property and there was no other place to realize a path.

Currently, houses 1 and 2, if he pays for it, would waive it, as they would have no disadvantages from the new owner's plans.

Can the current owner do anything with it if 2 parties waive and 4 do not? Or do all have to give their consent?



The current owner wants to sell it and the interested party only wants to buy if we waive the right of way and pipeline easement.



All 6 houses have the right of way. The property is about 1800 sqm. The existing house is on the other side.

We suspect that the interested party wants to renovate the existing house, tear down the greenhouses and build a multi-family house there.

House 6 would be hit the most, so to speak. And she doesn't want that possible block there at any price.
 

Strahleman

2021-04-18 09:12:24
  • #6
In this case, I agree with you! I was so naive and thought that the right of way and easement was registered free of charge.
 

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