ᐅ A private road is required to provide access to the property.

Regarding the legal aspects: If you want to legally subdivide the plot designated as "street" in order to allocate it to the individual properties, you will need to work with easements. Alternatively, it is possible for the street plot to be jointly owned by three parties, each holding a one-third undivided share. Notaries can advise on what is possible and how to proceed.

Nordlys schrieb:
Regarding the legal aspects. If you want to divide the parcel of land designated as the road in order to add it to the individual properties, you will need to work with easements. Otherwise, it makes sense for the parcel designated as the road to be jointly owned by three parties, each holding an undivided one-third share. Notaries can advise on what is possible and how to proceed.

You have to be careful, as this can vary depending on the federal state because building regulations regarding encumbrances differ. Some states do not recognize encumbrances (Bavaria), while others only recognize certain types (Lower Saxony).

From a building law perspective, for example in North Rhine-Westphalia (NRW), the private-law right of way (easement) does not help in the case you described, even if all adjoining owners hold equal shares of the road. This must be, additionally or alternatively, regulated per building plot by a public-law encumbrance (right of pedestrian, vehicle, and utility access).

I would not fully trust that notaries always take this into account or provide thorough advice.

Basically, this is a mess. Everything becomes complicated simply because cities and municipalities do not want to maintain the road.

Best regards,
Dirk Grafe

You’re picturing the densely populated, strictly regulated North Rhine-Westphalia (NRW). In states like Mecklenburg-Vorpommern (MVP) and other sparsely populated areas such as Schleswig-Holstein (SH), it’s different: You go to the mayor and ask—my brother owns a horse paddock there, and we’d like to build on it. The mayor says: Then go ahead and build, but you’ll have to lay the access road yourselves. You can get electricity and water there, and for sewage, just build a septic tank, and that’s it.

So: private access roads are actually quite common here.

This is just as common here and is becoming increasingly popular with municipalities, which is the frustrating part. Legally, it’s complicated, especially when someone suddenly doesn’t cooperate anymore.

In theory and practice, you can sell your shares in a road, and then things get really messy if it’s not all clearly regulated.

Regards,
Dirk Grafe

Hello Rollo,

So you really want to stick with this plot despite all the mentioned disadvantages? Alright.
You will need a licensed design professional to submit the plans, as the road is a structure that requires official approval (see Building Regulations NRW). Check with the civil engineer if they will also submit the building permit / planning permission application, or ask your architect if they can handle it (and under what conditions). The zoning plan already provides the guidelines (length, width, location).

P.S.: A reference to your earlier thread would have saved some questions.