Commission division surveying

Hello everyone,

I have a question about the division of a plot of land. I have purchased a share of a plot that has not yet been surveyed. The plot is to be divided into four parts. The division plan was included in the notary contract. As a buyer, I was obligated to commission the contractually agreed survey immediately.

Two other buyers are represented by a construction company, which has not taken any action for weeks. Based on your experience, what would you suggest as a way to get the division survey commissioned here?

Second question: Are the boundary stones already included in such a survey, or do they have to be commissioned separately? I would like to have clarity about the exact boundary line from the beginning for myself. I don’t want my fence to be incorrectly positioned later or my house to be built too close to the boundary.

Thank you very much and have a nice weekend everyone!
Steglitz

Question: Who pays the surveying costs?
What does the "Notarvertrag" say about this?
Ask the notary!
Since it is an official survey, each property owner will be shown the respective boundary markers visually after the survey is completed.
In addition, the measuring points are documented with exact precision in the measurement report by the publicly appointed surveyor.
These data are then taken over by the [Katasteramt].
An official site plan of the property is required anyway.
It will work out.

According to the notarial contract, the surveying costs are borne by the buyers in equal thirds. The fourth part remains with one of the sellers as his share. The buyers were also authorized, excluding any liability claims against the sellers, to submit all applications for construction preparatory measures, building applications, surveying and partitioning applications, etc., at their own expense and risk before the transfer of ownership.

That will work out, it doesn’t sound bad so far. I would just like to know how

Thank you very much for the response, which already points me in the right direction. I am building in the Berlin surrounding area, so the Brandenburg Surveying Act probably applies here.

After carefully rereading the notary contract, I was able to decipher a note from the surveyor on the subdivision sketch and locate the office via the internet. A call and the question was resolved. Why the construction company was not able to do this even after more than six weeks is a mystery to me.

That is simply explained - you are probably the first one who wants to get started.

A little tip as a supplement: If the others completely refuse or do not respond, one can possibly also submit the building application for the entire property, however, you need the consent of the current overall owner. If that is the city/municipality, it is unproblematic; with private owners, it is not necessarily a good solution. You also do not get a land charge registration this way, hence no funds from the bank...

Good luck!
Dirk Grafe