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

  • Erstellt am 2021-04-17 21:11:25

K1300S

2021-04-18 09:51:52
  • #1
Whether a rejection of the removal would then prevent this in the long term is doubtful, but as far as I understand it, an approval (whether with financial compensation or not) would rather accelerate than prevent this scenario, and since presumably all owners of the back parcels would have to renounce, one opposing vote would already be sufficient to prevent the currently pending sale.
 

Escroda

2021-04-18 10:44:26
  • #2
But where you have drawn it in, there is no space for a path either. It’s best if you obtain the registration approval from the land registry office. Such an easement usually requires comprehensive regulations regarding construction and maintenance. If these are missing, no one can do anything with the right, except initiate endless court proceedings. Are those known? It initially only sounded like concerns. No. Yes. That would not be possible according to the current development plan. Well, that can be changed. Things are a total mess with you anyway. And your houses were also not built in accordance with the development plan. They all exceed the building boundary and the access should be made from the south via a GFL right. Do you have the permit for your house? Are you even sure that it’s about the property with the greenhouses? That only borders their property in the area of the garage of No. 6. Further south, in the area of the residential house, there is another neighbor. Does he also want to sell?
 

Yaso2.0

2021-04-18 11:42:29
  • #3


I was just about to respond to your post in detail..

Houses 1, 2, and 4 have now informed me that they rejected the whole thing at the notary.

So I can't do anything more for the seller now, right?

Edit: I don't know where the change of mind from 1 and 2 is coming from.. yesterday afternoon they still said they would have it removed for payment..
 

Jean-Marc

2021-04-18 15:00:40
  • #4
What does the rejection bring? The current interested party may not buy it with the existing rights in the land register, but possibly the next one will, if the price is attractive enough. Then the "Klotz" will come eventually anyway, but there won't be a cent. I wouldn't give it away for free either, but I also wouldn't completely refuse. It's all a matter of price. Secretly, the seller will know that too.
 

Yaso2.0

2021-04-18 16:57:17
  • #5


According to my neighbor, the owner is not willing to pay anything. I think that is why they rejected it.

I can't change anything now.
 

K1300S

2021-04-18 17:00:28
  • #6
A rather arrogant attitude from the [Noch-Eigentümers], but that can still change. ;)
 

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