Hello everyone,
Our plot has a useless "point" that is practically unusable.
Our neighbor has his driveway on this point and cannot access it without reversing due to the street layout.
I have therefore considered granting him this small part of our property as a "neighborly favor."
We want to put everything in writing.
He can use it free of charge. In return, he must take on all associated responsibilities. Also, the arrangement must be reversed within 6 months if our plans change, for example if we sell the house, want to extend it, etc.
Is there a kind of template for this? I’m not sure how to draft it properly so it carries legal weight! I want to avoid any kind of "prescriptive easement" or similar rights from arising over time.
It concerns the green point in the upper left.
Our plot has a useless "point" that is practically unusable.
Our neighbor has his driveway on this point and cannot access it without reversing due to the street layout.
I have therefore considered granting him this small part of our property as a "neighborly favor."
We want to put everything in writing.
He can use it free of charge. In return, he must take on all associated responsibilities. Also, the arrangement must be reversed within 6 months if our plans change, for example if we sell the house, want to extend it, etc.
Is there a kind of template for this? I’m not sure how to draft it properly so it carries legal weight! I want to avoid any kind of "prescriptive easement" or similar rights from arising over time.
It concerns the green point in the upper left.
Lease agreement?! The only "difficult" part here is probably the precise definition of the section of land, so exactly specifying which part is meant. But with a dimensioned site plan/sketch, this should be manageable. And the lease payment, just set the required amount in euros and that’s it. This should be a fairly straightforward option!
Why go through all that effort in the first place?
In our case, we have a similar situation. We verbally agreed with our neighbor that they can drive over that area and also place a few paving stones there to make it look tidy.
We get along very well, and I didn’t expect any money or anything in return. As far as I’m concerned, this arrangement can continue indefinitely as long as we have a great relationship. Even if someday we no longer have much contact, I wouldn’t mind. However, I made it clear that if serious neighborhood conflicts arise, my goodwill would no longer apply.
So what could happen? The property remains mine. As it stands, we get along great, and everyone is happy. If my neighbor ever becomes difficult or sells the property and the new neighbors cause problems, then I would spend about 2 hours of work. I would remove the two wheelbarrows of paving stones, cover the area with some topsoil, and it would simply become “garden” again, where no one drives over it.
In our village, matters are usually settled this straightforward way.
In our case, we have a similar situation. We verbally agreed with our neighbor that they can drive over that area and also place a few paving stones there to make it look tidy.
We get along very well, and I didn’t expect any money or anything in return. As far as I’m concerned, this arrangement can continue indefinitely as long as we have a great relationship. Even if someday we no longer have much contact, I wouldn’t mind. However, I made it clear that if serious neighborhood conflicts arise, my goodwill would no longer apply.
So what could happen? The property remains mine. As it stands, we get along great, and everyone is happy. If my neighbor ever becomes difficult or sells the property and the new neighbors cause problems, then I would spend about 2 hours of work. I would remove the two wheelbarrows of paving stones, cover the area with some topsoil, and it would simply become “garden” again, where no one drives over it.
In our village, matters are usually settled this straightforward way.
Golfi90 schrieb:
We want to have everything documented in writing.Why? To avoid having to maintain the regulation indefinitely out of habit?
Otherwise, it will just cost money! Any rights of any kind should be registered in the land register (notary, court), which may trigger surveying efforts, and so on.
Just design the corner so that he can drive over it and tell him to go ahead. Done.
A lease agreement does not need to be registered in the land register, nor do you have to go to a notary; it can all be done through a private written contract. It is also possible to lease parts of a property (for example, parking spaces), but the leased area must be clearly defined or dimensioned somewhere.
I have also leased a part of my garden plot to a neighbor. The lease amount is €0, but they cover the incidental costs associated with the area (that is, property tax and stormwater fees for the 12m² (130ft²)).
I have also leased a part of my garden plot to a neighbor. The lease amount is €0, but they cover the incidental costs associated with the area (that is, property tax and stormwater fees for the 12m² (130ft²)).
