freefall
2018-09-25 11:45:04
- #1
Good day everyone,
I am newly registered in this forum (so far I have only been a silent reader) and I already have my first concern...
I have purchased a single-family house along with three garages and a large garden plot (total area approx. 2400 sqm) in the countryside. We agreed on the price, the purchase contract is signed, and the notary has already "noted" me in the land register since I have already paid 50% of the purchase price (this was agreed with the owner because I am allowed to use the garages as parking spaces and start renovating the upper floor before the actual handover).
The handover and full payment are to take place at the end of October, by then the owner will have moved. In the course of this, I will then also be entered as the owner in the land register.
The incidental costs such as brokerage fees, property transfer tax, registration fees, notary costs, etc. have already been fully paid by me.
Yesterday I received a letter from the notary requesting my signature on a consent form allowing a copy of the purchase contract to be handed over to the relevant district.
When I asked the notary, I was informed that the municipality intends to exercise its right of first refusal for a part of the property.
The garden ends at a small stream, and in this part of the garden there is a building restriction due to possible flooding – this was already entered in the land register over 70 years ago.
The municipality now intends, according to Article 39 of the BayNatSchG, to exercise the right of first refusal for about 700 sqm of the garden. This is not just a small area next to the stream, but a considerable part of the garden that I actually wanted to use partly as a wild meadow and partly as a cultivation area for vegetables for self-sufficiency.
According to the municipality, this has already been decided by the municipal council, meaning I apparently have no way to oppose it.
Does anyone have experience with this?
For me, this "forced sale" would mean a significant reduction of the remaining property together with the house; after all, one does not buy a house with a large garden for no reason...
The market value of the land will probably be very low, as it is ultimately a "flood zone" in the countryside.
Actually, I would like to withdraw from the purchase, but I have already started with the renovation.
Do I have the possibility to receive some kind of "compensation" from the seller or the municipality? After all, the usability value of the property has now been greatly reduced for me.
What about the incidental costs already incurred and those still to be incurred; will the municipality take over those, or do I remain responsible for them?
I am grateful for any help!
I am newly registered in this forum (so far I have only been a silent reader) and I already have my first concern...
I have purchased a single-family house along with three garages and a large garden plot (total area approx. 2400 sqm) in the countryside. We agreed on the price, the purchase contract is signed, and the notary has already "noted" me in the land register since I have already paid 50% of the purchase price (this was agreed with the owner because I am allowed to use the garages as parking spaces and start renovating the upper floor before the actual handover).
The handover and full payment are to take place at the end of October, by then the owner will have moved. In the course of this, I will then also be entered as the owner in the land register.
The incidental costs such as brokerage fees, property transfer tax, registration fees, notary costs, etc. have already been fully paid by me.
Yesterday I received a letter from the notary requesting my signature on a consent form allowing a copy of the purchase contract to be handed over to the relevant district.
When I asked the notary, I was informed that the municipality intends to exercise its right of first refusal for a part of the property.
The garden ends at a small stream, and in this part of the garden there is a building restriction due to possible flooding – this was already entered in the land register over 70 years ago.
The municipality now intends, according to Article 39 of the BayNatSchG, to exercise the right of first refusal for about 700 sqm of the garden. This is not just a small area next to the stream, but a considerable part of the garden that I actually wanted to use partly as a wild meadow and partly as a cultivation area for vegetables for self-sufficiency.
According to the municipality, this has already been decided by the municipal council, meaning I apparently have no way to oppose it.
Does anyone have experience with this?
For me, this "forced sale" would mean a significant reduction of the remaining property together with the house; after all, one does not buy a house with a large garden for no reason...
The market value of the land will probably be very low, as it is ultimately a "flood zone" in the countryside.
Actually, I would like to withdraw from the purchase, but I have already started with the renovation.
Do I have the possibility to receive some kind of "compensation" from the seller or the municipality? After all, the usability value of the property has now been greatly reduced for me.
What about the incidental costs already incurred and those still to be incurred; will the municipality take over those, or do I remain responsible for them?
I am grateful for any help!