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Old 06.09.2017, 15:07
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House Deeds and rights carried forward

Two siblings build two semis, one each. They drew up a contract with some 10 rights listed. When I purchased one of the semis, around 5 of the rights were copied over. I did not know there were others. I do not know why all the rights were not included.

They'missing' rights are registered at the land registry on my neighbour's deeds but not on mine.

My garage is on my neighbour's land and this fact is detailed on my neighbour's deeds as one of the rights. On my own deeds I have a garage listed, but not the location. There is no garage on my land. I understood that this was listed under the set of rights that are on my deeds, but it turns out that it is not. The reason it was not clear is that it is described as a 'grenzbaurecht' and it is only by having the original contract that one would know what that refers to. The grenzbaurecht that I thought was my garage actually refers, as it turns out, to a right to build a second garage (that has not been built).

Now I am being told, tough luck, you don't own your garage after all. I am told that because that original right was not carried forward into my purchase it is now lost.

And idea if this is true, or what he solution is? Does the sibling that sold me the house still own the garage (for which he was paid) and can he rectify this?
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Old 06.09.2017, 15:30
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Re: House Deeds and rights carried forward

In short:

You bought the object with the rights that belong to it that were transferred when buying it either automatically by law or due to them being legally correctly stated in the contract.

Grenzbaurecht only refers to the option to build on your own ground with the option to build closer to the borders of your ground compared to normal law, and has nothing to do with a building on somebody else his/her ground.

For a proper answer we'd need to know exactly how things are described in the contracts.

And do i understand correctly that you thought you'd buy a garage which is not even on your ground? I don't understand how you can buy a house which lists an garage, even tho there clearly is no garage on the ground which is listed to become yours?

Last edited by EdwinNL; 06.09.2017 at 15:48.
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Old 06.09.2017, 18:49
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Re: House Deeds and rights carried forward

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On my own deeds I have a garage listed, but not the location.
So, surely you own the garage. You may be liable for 'ground rent' to the land owner, but that should not affect the ownership of the garage.

However, although you own it, you may also find you have no legal right of access to it....
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Old 06.09.2017, 21:36
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Re: House Deeds and rights carried forward

How did you find all this out?

I would go back to the notary and the land register. If France you could probably sue the notary for a mistake like this. Not sure about Switzerland.
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house purchase, land rights

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