Such encumbrances registered in the land register must automatically be assumed with every change of ownership and permanently affect the usability of the property regardless of the current owner.
We assess the concrete impact of the encumbrance, for example how significantly a right of way actually restricts the building's usage or the garden area.
In the case of particularly severe encumbrances that virtually preclude any meaningful structural use, the value deduction can significantly exceed what might initially be assumed.
The specific location of the encumbrance on the property also plays a role: a right of way at the outermost edge of the property usually has a much smaller impact than one running through the middle of the usable garden area.
Before acquiring an encumbered property, a thorough review of the land register is always recommended in order to fully capture all registered third-party rights.
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