Does the municipality want to purchase shares of my land?!

  • Erstellt am 2018-09-25 11:45:04

Nordlys

2018-09-25 13:26:22
  • #1
Something seems to be getting out of hand here. As I know it, the municipality has 14 days, or was it 4 weeks? , to declare their right of first refusal. Otherwise, it is considered a waiver. Only then does the notary release the contract for execution. You have already paid the notary, court, land transfer tax, and now, after weeks, they come out of nowhere? Something is not right. Basically, if they want to buy, neither you nor the seller should suffer any financial disadvantage as a result. If the municipality wants the meadow, they should actually take everything, including the house. Something is wrong there.
 

freefall

2018-09-25 13:36:28
  • #2


Everything is in order, the notary checks whether a land charge or a right of first refusal is registered in the land register. If the municipality (or someone else) is recorded here, a period of four weeks applies to exercise the right of first refusal. If this does not happen, it is considered a waiver.

In my case, however, there was no right of first refusal entered in the land register. Subsequently, the sale was processed in the usual way, which also involves notifying the municipality. The municipality then has the right, as already mentioned, under certain circumstances, to consider exercising its right of first refusal (e.g., in the public interest).

For this purpose, it then requests a copy of the purchase contract. The notary has also properly approached me with authorization for this. From the time the purchase contract is available to the municipality, it has two months to make a final decision on whether the purchase will take place or not. In my case, this decision has already been made, as I had to learn.
 

Spunk

2018-09-25 13:53:23
  • #3
pP = personal bad luck.

Normally, the (traffic) value of the GST parts is deducted. So it also depends on whether this is classified as building land or just green space according to the land register. After that, everything is adjusted anew. Sale price, real estate transfer tax, notary fees, etc. But the notary should be able to help with this. And who pays for the resurvey of the property?
 

kaho674

2018-09-25 13:58:57
  • #4
Has the municipality explained why they absolutely want this piece of land? Is a flood protection dam supposed to be built there, or do they perhaps just want to establish a nature reserve at the site to protect the rare XY dragonfly?

Might they waive their right of first refusal if a sensible agreement can be reached regarding the use of the land?
 

montessalet

2018-09-25 14:06:44
  • #5
I assume that the municipality buys the whole thing. Accordingly, it must then also pay for the subdivision (surveying). After that, it sells the remaining land with the house (hopefully to you).

A right of first refusal can, in my opinion, only be exercised as a whole. So you would have to renegotiate the purchase with the municipality (as the new owner). Effectively "bad luck".
 

freefall

2018-09-25 14:30:36
  • #6


A nature reserve is to be established. Waiving the right of first refusal is out of the question; the municipality just informed me about this by phone. Even my proposal to use the meadow as a wildflower meadow met with little approval there. The adjacent property already belongs to the municipality as a nature reserve (and is mowed every two months...).




What annoys me primarily is that I have already invested a lot of money and working time in renovating the upper floor. Otherwise, I would just have the purchase reversed. I probably have good reason for that in my situation.
 

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