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Wiesel12320 Apr 2021 10:47Hello everyone,
I’m sure someone can offer advice regarding our current issue:
The semi-detached house we are considering buying is situated on a plot of land that, naturally, also includes the adjacent semi-detached house. Both owners, meaning semi-detached house 1 and semi-detached house 2, have joint ownership shares in the entire property. Therefore, the land is not divided separately. As prospective buyers, we see this as potentially problematic and would like to split the land through a formal subdivision in order to avoid future complications.
Now, the question is what effort and, above all, what costs this entails. According to the building regulations office, such a subdivision requires a burden registration (easement) in the land register. Provided that public building regulations are met (which we can verify through an architect or the building authority), this easement can then be recorded in the land register, and only after that can the land be subdivided. For this actual subdivision, a publicly appointed surveyor would be needed, and further processing would then be handled by the notary.
Regarding the property itself, it’s important to mention that the house is placed in the middle of the plot, and each owner has their own driveway from the street. In theory, this should make it possible to “cut” through the land without problems.
According to online research, the costs for the subdivision are between 3,000-5,000 € (approximately 3,200-5,400 USD), and there will also be a fee for registering the easement.
The questions we have are:
1. Can anyone share their experience? Is the procedure complicated or straightforward? How long does it usually take?
2. Could there be additional follow-up costs?
3. Is it a disadvantage to register this easement and subdivide the land? What could be the consequences? Any experiences?
Thanks and best regards
I’m sure someone can offer advice regarding our current issue:
The semi-detached house we are considering buying is situated on a plot of land that, naturally, also includes the adjacent semi-detached house. Both owners, meaning semi-detached house 1 and semi-detached house 2, have joint ownership shares in the entire property. Therefore, the land is not divided separately. As prospective buyers, we see this as potentially problematic and would like to split the land through a formal subdivision in order to avoid future complications.
Now, the question is what effort and, above all, what costs this entails. According to the building regulations office, such a subdivision requires a burden registration (easement) in the land register. Provided that public building regulations are met (which we can verify through an architect or the building authority), this easement can then be recorded in the land register, and only after that can the land be subdivided. For this actual subdivision, a publicly appointed surveyor would be needed, and further processing would then be handled by the notary.
Regarding the property itself, it’s important to mention that the house is placed in the middle of the plot, and each owner has their own driveway from the street. In theory, this should make it possible to “cut” through the land without problems.
According to online research, the costs for the subdivision are between 3,000-5,000 € (approximately 3,200-5,400 USD), and there will also be a fee for registering the easement.
The questions we have are:
1. Can anyone share their experience? Is the procedure complicated or straightforward? How long does it usually take?
2. Could there be additional follow-up costs?
3. Is it a disadvantage to register this easement and subdivide the land? What could be the consequences? Any experiences?
Thanks and best regards
N
nordanney20 Apr 2021 10:56Why do you want to divide? So, you currently own a semi-detached house. What exactly is bothering you—apart from your feelings (which are subjective, since there is no objective reason for dividing)?
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Wiesel12320 Apr 2021 11:03nordanney schrieb:
Why do you want to divide it? So you now have homeownership in the form of a semi-detached house. What is actually the issue—apart from how you feel about it (which is only subjective since there is no objective reason for dividing). The concerns are:
What if you no longer get along with the neighbors? For example, if the other owners sell or inherit their half of the semi-detached house.
Theoretically, with a shared ownership interest, if I build a carport or repaint my facade, the owner of the neighboring half would have to agree. Who knows what other problems might arise.
N
nordanney20 Apr 2021 11:08Wiesel123 schrieb:
What happens if you no longer get along with the neighbors? Then the stress begins. Whether the property is jointly owned or not, a loud party or similar disturbances won’t be avoided just because of shared ownership.
Wiesel123 schrieb:
For example, if the other owners sell or inherit their semi-detached house, etc. They can sell even if the property is divided. That can always happen.
Wiesel123 schrieb:
Theoretically, with a shared ownership share, if I build a carport or paint my facade, the owner of the neighboring semi-detached house would have to agree. Why? What exactly does the division agreement say?
The standard is that there is no difference between sole ownership and your shared ownership arrangement. Each owner should be able to do whatever they want with their semi-detached house.
What you’re experiencing right now is completely normal—unless the division agreement contains problematic clauses. There should be no difference compared to sole ownership.
Wiesel123 schrieb:
So, semi-detached house 1 and semi-detached house 2 each have a shared ownership interest in the entire property. Therefore, the properties are not separated. Usually, the reason is that half of a plot is too small according to the building regulations / land-use plan / development plan (one of these, but I don’t know exactly which). Some areas have minimum size requirements. In rural village areas, for example, often 650cm² (7000 sq ft approximately), in suburban areas maybe 400cm² (4300 sq ft approximately).
That’s why real division is often not possible, because the half plot would not be permitted.
Have you checked whether one half can legally exist on its own?
Wiesel123 schrieb:
What if you no longer get along with the neighbors? Secondly, don’t assume that a real division will magically solve neighborhood disputes.
There are plenty of ideal (non-real) divisions that are legally fine. And there are plenty of real divisions where the neighbors get along terribly.
Wiesel123 schrieb:
…that if I build a carport there or paint my facade, the owner of the neighboring semi-detached house would have to approve. No.
I’ll put it this way: Often the desire for a real division itself can be a source of conflict (Why does he suddenly want to divide? Everything was fine before: the jerk) 😎
S
Strahleman20 Apr 2021 11:49Which state are you building in? The subdivision and surveying costs are not standardized and are regulated at the regional level. We are also building a semi-detached house and proceeded as follows:
Notarial contract for the purchase of a parcel of land (the neighbor bought the other parcel), followed by an appointment with the surveying office. After everything was surveyed and each parcel received its own cadastral number, the information was sent to the notary, who then updated the purchase contract accordingly. Our total costs were around 1,500 euros including surveying, boundary markers, and sworn surveyors.
With an actual subdivision, you have the advantage that you are solely responsible for your own plot and can do whatever you want on it. Financing is also easier because each party has its own cadastral number or land registry entry. In the case of a joint ownership division, it must be regulated quite complexly how to handle the parts of the property.
Of course, various requirements must be met for a real subdivision. Among other things, the zoning plan must allow a subdivision (especially older zoning plans often require small plot ratios) and the neighbor must also agree.
Notarial contract for the purchase of a parcel of land (the neighbor bought the other parcel), followed by an appointment with the surveying office. After everything was surveyed and each parcel received its own cadastral number, the information was sent to the notary, who then updated the purchase contract accordingly. Our total costs were around 1,500 euros including surveying, boundary markers, and sworn surveyors.
With an actual subdivision, you have the advantage that you are solely responsible for your own plot and can do whatever you want on it. Financing is also easier because each party has its own cadastral number or land registry entry. In the case of a joint ownership division, it must be regulated quite complexly how to handle the parts of the property.
Of course, various requirements must be met for a real subdivision. Among other things, the zoning plan must allow a subdivision (especially older zoning plans often require small plot ratios) and the neighbor must also agree.
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