i_b_n_a_n
2022-12-23 16:46:11
- #1
Maybe for all skeptics regarding hereditary building rights, an excerpt from my contract (More available upon request ;-)
§ 11 Compensation in case of reversion and expiration of the hereditary building right by lapse of time
1) If the landowner exercises the reversion claim or the hereditary building right expires by lapse of time, the landowner shall grant compensation to the hereditary building right holder.
2) The compensation amounts to 2/3 (two thirds) of the market value that the hereditary building right or the building and structural facilities have at the time of reversion. In case of expiration of the hereditary building right, the full market value must be compensated. When valuing the hereditary building right and the building and structural facilities, development measures must be taken into account to the extent that the hereditary building right holder has reimbursed or paid the landowner for the development costs himself.
Conclusion: Reversion should and can be avoided; expiration (lapse of time) leads to compensation at FULL market value!
§ 11 Compensation in case of reversion and expiration of the hereditary building right by lapse of time
1) If the landowner exercises the reversion claim or the hereditary building right expires by lapse of time, the landowner shall grant compensation to the hereditary building right holder.
2) The compensation amounts to 2/3 (two thirds) of the market value that the hereditary building right or the building and structural facilities have at the time of reversion. In case of expiration of the hereditary building right, the full market value must be compensated. When valuing the hereditary building right and the building and structural facilities, development measures must be taken into account to the extent that the hereditary building right holder has reimbursed or paid the landowner for the development costs himself.
Conclusion: Reversion should and can be avoided; expiration (lapse of time) leads to compensation at FULL market value!