Written agreement with neighbors even without a notary?

Hello,

we and our neighbors agree that the L-bricks we are having installed to retain the slope on our property will have the support base pointing onto their property. However, to not only settle this by a "handshake," our question is whether a two-liner signed by both parties is sufficient? It would also state that in the event of a sale of the house, the new owners must be informed about this.

Is it really that simple? We look forward to your opinions.

It seems to me that you are asking here about the legal feasibility, where the technical dimension sounds much more worthy of examination, whether one is not concocting a fool’s errand (?). The pressure comes from the mountain side, so the higher located should also be the one to catch it ...

we and our neighbors agree that the L-shaped stones we are having built to retain the slope on our property will have the supporting foot pointing onto their property. However, to not just rely on a "handshake" agreement, our question is: is a two-liner signed by both parties sufficient? It would also state that in the event of a sale of the house, the new owners must be informed about this.

We did it that way, a total of 4 parties.

We described the project roughly as follows: Construction of a necessary retaining wall (due to construction-related height differences) in favor of the newly built property XX Street No., by setting or replacing angle concrete blocks.

And of course also things like: The supporting foot (the L-piece) will be placed and/or secured under the parcels xxx and xxx.

Because our property is lower, we also agreed, for example, that no vehicles may be parked along the parallel boundaries.

And finally, that if one of the 4 owners sells his house, the rights and obligations of this agreement transfer to the new owner and the seller is obligated and responsible for informing the buyer.

We have named the project roughly: Construction of a necessary retaining wall (due to height differences caused by construction) in favor of the newly developed property XX Street No., by placing or replacing angle concrete blocks. And of course also things like: The angle base (the L-piece) will be placed under the parcels xxx and xxx or secured there.

Whereas your neighbors - if I remember correctly, with their shared dead-end street - are the higher lying ones.

Without going into the technical execution, here is an attempt at an answer.

Agreements or private contracts concerning real estate matters are not binding without notarization and the corresponding entry in the land register.

Especially when ownership structures change or disputes arise for other reasons.

To avoid trouble, I would have it notarized for formal and legal reasons. Not without reason are easement rights of utility companies, even if it is only a small water pipe, recorded in the land register.

Right of way rights, of course.

Agreements or private contracts concerning real estate matters are not binding without notarization and the corresponding land register entry. [...] To avoid trouble, I would have it notarized for formal and legal reasons. It is not without reason that utility rights of providers, even if it is only a small water pipe, are recorded in the land register.

Yes, legally I also see that as more secure, and for the land register (and probably other encumbrance registers as well) it will likely be required that a notary registers this entry.

But as I said, technically I would put a man-high question mark behind the construction concept.