Does one take on duties from the previous owner or previous resident?

  • Erstellt am 2019-08-02 19:41:03

kaho674

2019-08-03 08:49:43
  • #1
Apparently, there is a written agreement. Just because it is not recorded in the land register, I do not see it as invalid now simply because you were unaware of it. The seller should have pointed it out. However, the affected party (in a timely manner) drew attention to it. The question is whether this could have been a reason not to buy the house. I rather think not. Therefore, I would guess that the obligation was bought along. I would rather take action against the dog poop than against the hedge.
 

Winniefred

2019-08-03 18:14:40
  • #2
Thank you for your answers!

First of all, I am a she and not a he.

Ypg: But how is it if he was not the previous owner? He was not married to the previous-previous owner, nor related to the previous owners. I mean, for me, it is all quite "far away" because in the end he relates to us like, for example, a former tenant would relate to us – and I actually don’t see any relationship there.

Müllerin: That’s true, it then blossoms nicely, that is true. We still have a few meters of this hedge further up directly on the property and I also leave it more natural; I find that much nicer too. It would surely take 2-3 years before the hedge extends over the sidewalk, because first there is the green strip. What is currently spreading out (from the hedge) is elderberry and especially blackberry, which is less nice, but I just cut it off, just like everything that from the other bushes of the city encroaches too much on our fence.

Joe: Hmm, well, what I would like to achieve is that the hedge continues to be maintained by the city as before. We didn’t buy anything with it, we didn’t know about it, it was never a topic and we don’t feel responsible for it. But before I let the hedge grow onto my property, I would prune it. It’s just not something done quickly. The hedge is long and tall, the sidewalk is not drivable by car (right next to the sidewalk are allotment gardens and other properties)… it’s not something you just do quickly. Just the amount of green cuttings would be two trailer loads every time, and since the city doesn’t accept such quantities, we would have to drive to the landfill about 20 minutes away. And we really have enough green cuttings with our garden that I am not eager to take on more.

So what I take away here is: the only thing that is certain is that nothing is certain. Let’s see how it goes from here.
 

HilfeHilfe

2019-08-03 18:21:39
  • #3


First of all, you need to sort things out. From whom did you purchase? And does this seller = owner have an agreement with the city? If yes, you can’t avoid it.

Of course, you could refuse with the consequence that the city initiates legal action.
 

Escroda

2019-08-03 20:06:15
  • #4
Then the lady should please name the legal basis for the responsibility. If there is none, only the approved application from over 30 years ago remains. The exact wording would be important here. As you describe the case, I consider it unlikely that this is a property-related approval. If it is, however, the city would have to prove the successor’s obligation to assume responsibility, whereby it can still be questioned whether the applicant even acted on behalf of the owner. It doesn’t have to become a dispute. At the appropriate time, request the city in writing with a deadline to cut the hedge. Then you will see how they respond.
 

Winniefred

2019-08-04 09:39:13
  • #5
Unfortunately, I didn’t copy it, and each time you want to inspect the files it costs €30 (and copies cost a lot of money too, which is why I only had the bare essentials copied). But it was basically just a two-liner: "Hello, may I plant a hedge there?" and the answer was "Yes, that’s okay." In the GDR, things like this were not really agreed on in detail. Today, I don’t think you would even get such a permit anymore. In the files were documents of a rather lengthy legal dispute with the city because the previous owners had received written permission from the city (GDR) to drive on the sidewalk with their car and to access their driveway via the sidewalk (which was still the street width back then). After 1989, a house was then built further up next door, and in connection with their underground parking entrance, the sidewalk was further narrowed and the former side entrance to our property was blocked. In the documents, the city then argued that no right-of-way was registered in the land registry and that they no longer recognized GDR permits^^. The previous owner then had a different entrance created, which the city had to pay for. They always twist things to suit their needs.

But that’s a good idea. Now we’ll wait and see whether the hedge might still be cut in autumn or next spring. If not, then I’ll write a letter and see what comes of it.
 

Escroda

2019-08-04 10:08:18
  • #6

Then my impression is confirmed that it was a person-bound approval that certainly cannot be transferred to you.

All the better for you.

... it just keeps getting better.

Yes, but in the end they paid anyway.
 

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