Stefan001
2020-03-05 08:22:31
- #1
I am currently considering buying a plot of land in the 2nd row. There are presumably a number of things to consider, which I do not fully oversee and also do not know exactly how to best secure.
The plot:
just under 800 sqm in the second row with a development plan.
When purchasing, 50% MEA of the access road (just under 45m x 3m) is additionally acquired. The other 50% belongs to the owner of the front plot.
Along the access road, on one side is the house of the front plot and behind it a garage. The access road should have exactly 3m width. Currently, there is still a small wall pillar in the driveway, so currently, there is no 3m width there.
The sales advertisement states the obligation that after laying the house connections, the access road must be restored.
Now to my questions/problems:
1. Since a large part of the plot is more than 50m from the public access road, I need a fire department access road, which according to the state building code must have a clear width of 3m and a height of 3.5m (+ maneuvering space).
I am a bit "afraid" that during the survey it might turn out that the access road is not quite 3m wide. Can one then demand a reversal or similar?
2. The driveway/access road must be restored: However, the wall pillar must definitely be removed to guarantee the 3m for the fire department. How and where would this be agreed upon? An additional contract with the other owner? And the signing of the contract as a condition for the purchase contract of the plot?
3. Should further rights of way be registered on the access road? I am only 50% owner, so in principle I could be blocked by the other owner in decisions. Can formulations be included such as "The access road is to be permanently constructed as a paved fire department access road"? Maintenance costs would always be shared? Even if only I have an interest in the complete access road.
4. Basically, the access road will have to be changed. That means trees felled and paved instead. I have to discuss this with the other owner in principle? Can he object?
5. What else do I need to pay attention to? I have already read about the depth of the sewage pipe. Other things that are often overlooked?
The plot:
just under 800 sqm in the second row with a development plan.
When purchasing, 50% MEA of the access road (just under 45m x 3m) is additionally acquired. The other 50% belongs to the owner of the front plot.
Along the access road, on one side is the house of the front plot and behind it a garage. The access road should have exactly 3m width. Currently, there is still a small wall pillar in the driveway, so currently, there is no 3m width there.
The sales advertisement states the obligation that after laying the house connections, the access road must be restored.
Now to my questions/problems:
1. Since a large part of the plot is more than 50m from the public access road, I need a fire department access road, which according to the state building code must have a clear width of 3m and a height of 3.5m (+ maneuvering space).
I am a bit "afraid" that during the survey it might turn out that the access road is not quite 3m wide. Can one then demand a reversal or similar?
2. The driveway/access road must be restored: However, the wall pillar must definitely be removed to guarantee the 3m for the fire department. How and where would this be agreed upon? An additional contract with the other owner? And the signing of the contract as a condition for the purchase contract of the plot?
3. Should further rights of way be registered on the access road? I am only 50% owner, so in principle I could be blocked by the other owner in decisions. Can formulations be included such as "The access road is to be permanently constructed as a paved fire department access road"? Maintenance costs would always be shared? Even if only I have an interest in the complete access road.
4. Basically, the access road will have to be changed. That means trees felled and paved instead. I have to discuss this with the other owner in principle? Can he object?
5. What else do I need to pay attention to? I have already read about the depth of the sewage pipe. Other things that are often overlooked?