Does the seller pay for the surveying of the boundaries, or does the buyer?

2017-09-20 23:02:13

About evolith. That the notary is specified by the seller is outrageous. Since the buyer pays for it, he should choose him. We should not let them take away this right. Otherwise see escoda. This is usually how it will be. By the way, it is your duty to have your house measured. Please don’t keep putting it off, otherwise the authorities will enforce it officially. And one more thing. It is not uncommon for the staking-out formwork to be set not by a surveyor but only by the builders; this was the case here. Therefore, the wooden stakes that replace the boundary stones are important. Karsten

2017-09-21 11:41:23

There are various scenarios as to how your property might have come to be and accordingly various possibilities as to who has to pay for the demarcation. Here is my guess: You built in a new development area with a development plan. The municipality carried out a land consolidation procedure. One or more entitled parties sold their plots to a company (developer?) which had the plots subdivided in order to sell them individually (with houses?). Since under the above-mentioned conditions a coordinate cadastre exists and the roads are not yet developed, the demarcation of the boundaries is postponed because the boundary points are difficult to preserve during the road construction work. The survey office performs the subdivision on the computer, submits it to the land registry office and receives their fees from the client (seller) after the takeover into the cadastre, with the obligation to carry out the demarcation at the latest after the road construction is completed. If this applies to your case and you now want to put up your fence and do not know where the boundary runs, ask the seller (or land registry office) for the responsible survey office and apply for demarcation. However, if the road is still not developed and the boundary points are lost and you cannot prove who is responsible, you would have to pay for the renewed demarcation if you still need it then.

The properties come from the subdivision of a large meadow, which was the former recultivation area of this company. When we bought our property, we were informed that the surveying was with the land registry office and in processing. In other words, in the first version of the purchase contract there was only a field number, and in the second version the exact designation and number were inserted. Subsequently, already set wooden stakes were reset, which had disappeared due to mowing of the meadow. One corner stake was set more than a meter too far in (we only realized this later). We rather had the feeling that the stakes were meant for potential buyers to show the dimensions of the plots.

About half a year later, we then filled up the entire property and started our construction measures. Afterwards, we had two boundary sides surveyed so that we could set the garage foundation and now soon continue filling. The street side (we have an access road), as well as the side to the left neighbor, have not yet been surveyed.

... By the way, it is your duty to have your house surveyed. Please do not keep postponing it, otherwise the authority will take official action....

We will do that as soon as all the larger buildings are standing. The garage and carport are still missing. Without these, it doesn’t make much sense. I also don’t believe the authority will become demanding this year. They managed to complete our shell acceptance two weeks before moving in.

2017-09-21 15:31:04

Surveying, initial surveying, measurement, land surveying, stakeout, resurvey. Interesting how much is measured in a single thread.
Let's start with the large meadow. This was divided into many small parcels in the cadastre through subdivision surveying, which, according to your descriptions, the sellers commissioned, and the land register sheet was divided into many land register sheets. Under certain conditions, which are obviously present here, the marking of the boundaries can be postponed. However, boundary marking is mandatorily part of subdivision surveying, at least in NRW.
§20 VermKatG:
... (3) Boundary marking shall be postponed if and to the extent that property boundaries cannot be permanently marked temporarily, for example due to construction works. The respective surveying authority is obliged to carry out the boundary marking after the obstacles have ceased.
If nothing is stated in your purchase contract about cost assumption for the surveying, the seller has already paid for the subdivision surveying and thus also for the boundary marking. If you do not need to know exactly where the boundary runs at the moment, you can wait until the surveying authority carries out the boundary marking.
If you are smart, you find out which surveying authority is responsible and commission the building stakeout there. The fee schedule allows room for discounts when multiple surveys (here: boundary marking and building stakeout) for one property or several nearby properties are carried out simultaneously, which the surveying authority hopefully passes on to the customer.

2017-09-22 13:15:03

A measurement by official order is only carried out if the person obliged to measure is not willing to cooperate at all. Until then, 2-3 years go by, the VermKostVO changes every year or so, in MV there are two equity facts (if the measurement is carried out in connection with a property survey -30%, if the publicly appointed surveyor who also carried out the building staking performs the measurement -30%) which in our case turned an ~800 Euro invoice into an ~350 Euro invoice.

Otherwise, much has been said here, now you have to do your homework. Although I will never understand why someone runs to a forum for legal advice that would have been included with the notary.

2017-09-22 13:44:09

Whereas I will never understand why someone runs to a forum for legal advice that would have been included with the notary.

Maybe because there are enough people here who might know? That's what a forum is for. I can go to an expert here with almost any question.

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Does the seller pay for the surveying of the boundaries, or does the buyer?

Nordlys

Evolith

Escroda

Egon12

Evolith