Hello 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 11:53Strahleman schrieb:
With a real subdivision, you benefit from being responsible only for your own lot and can do whatever you want with it.No difference compared to the current option. Strahleman schrieb:
Financing is also easier since each party has their own parcel number or land registry entry.Each semi-detached unit in the OP’s scenario also has its own land registry sheet – similar to a condominium. From a financing perspective, it makes no difference. Strahleman schrieb:
With a proportional ownership (ideelle Teilung), it has to be regulated quite complexly how the land portions are managed.I agree with you, if you remove the word “complex.” It is only regulated who has which rights to which part of the property and that each person is solely responsible for their half. Unlike a multi-family house with a shared entrance, communal garden, large basement, etc., there is no shared ownership.S
Strahleman20 Apr 2021 12:01nordanney schrieb:
No difference from the existing version.Oh, I didn’t know that. We once looked at a plot of land that could only be divided in terms of ownership shares. In discussions about the division, we were told that any changes (e.g., adding a terrace roof) would require talking to the neighbors since, in the end, there is a community of owners. Since we didn’t end up buying the property anyway, I didn’t research it further.nordanney schrieb:
I agree with you if you remove the word "complex." What is regulated is only who has which rights to which part of the property and that each person is responsible for their own half. Unlike a multi-family house with a shared stairwell, communal garden, large basement, etc., there is no common property here.Precisely because of the statements above, I thought something like that could actually get quite complicated 😀 I wouldn’t ask my neighbors for permission for every flower I want to plant. All the better if that’s not the case.In this case, with separate driveways and a division across the property, presumably each party has their own utility connections, there is not even any shared property that would require “disputing” or, better said, agreeing upon. Everything is clearly regulated and strictly divided into separate ownership and usage rights.
nordanney schrieb:
No difference from the existing version.
Each semi-detached house in the poster’s variant also has its own land register sheet – it’s like a condominium. From a financing perspective, this makes no difference.
I agree with you if you remove the word "complex." What it regulates is simply who has what rights to which part of the property, and that each party is independently responsible for their half. Unlike a multi-family house with a shared staircase, communal garden, large basement, etc., there is no common property. That’s not entirely correct. Of course, a declaration of division (TE) can be drafted to make it appear as if each owner holds full ownership alone. However, the Condominium Act (WEG) still applies. Elements that are inseparable from the shared building (like the roof) remain common property, and in case of doubt (e.g., if the TE is invalid), the Condominium Act applies (without ideal division, presumably the Building Code?). There can indeed be differences here. The gardens are also common property (since they cannot be locked separately, individual ownership cannot be defined here), for which special usage rights are granted. But as noted above – in case of doubt, the Condominium Act applies. So, differences can exist. How significant they are in practice is another matter. It is definitely important to have the declaration of division properly drafted or reviewed.