Electricity pole on the property not registered in the land register

Hello construction friends,
in our family ownership there is a plot of land with a relatively large garden in which I would like to build soon. In the garden, about one meter from the property boundary, there is a power pole of the local energy supplier. This pole was simply put there during the East German times. It is not recorded in the land register, my grandpa says. The plot is slanted, so the cables from the pole run about 5 meters over the garden from the property boundary. In case of construction, the cables would have to be insulated or removed. Can the energy supplier be sued because of the pole or does it have to be removed by them, etc.???

The whole thing usually works like this.

The mast should be registered with an easement in the land register, so I would ask at the cadastral office. It is possible that the mast was registered during a land consolidation, but then compensation would have had to be paid.

If the mast is not registered in the land register, there is an obligation to tolerate it. If you are supplied by the line that the mast carries, everything is regulated in the NAV (Network Connection Ordinance).

If the mast does not restrict you in construction, I would inquire with the utility provider using the building plans. You can offer that the utility provider receives an easement in the land register and that you are compensated accordingly. You will receive compensation once for the mast location and for the protective strip under the line which must be kept clear (usually about 10m, nowadays a parabolic protective strip from mast to mast is also calculated, indicating the actual impairment). The amount depends on the value of the land, which can be quite substantial under certain circumstances.

Since I just remembered that you did not say what type of line it is, the above applies to overhead lines in the distribution network (medium voltage over 1kV); if it is a local network line, it looks different again.

If the line is in the way, the party causing it is usually also the cost bearer, which can become expensive depending on the mast type and whether a height increase or cabling is aimed for.

In the case of an underbuild, you must maintain a distance of 5m for roof pitches under 15°, 3m for over 15°. Attention: These specifications apply to the worst-case scenario, i.e. at full load and high ambient temperature when the greatest sag of the line occurs. The maximum construction height above sea level can therefore only be provided by the utility provider.

That’s all for now, best regards Christian

We also have such a mast on the property.

A transfer right (I hope I still remember that correctly) is registered in the land register.

You cannot force the energy provider to remove it. Even if it was installed there without notification, the objection period has long expired. A lawsuit is probably hopeless. Especially since the installer probably no longer exists if this happened back in East Germany times. Back then, quite different laws applied, I think. I am not an expert on East German law, but normally public interests take precedence over those of the individual.

First of all, many thanks for the detailed answers. According to the information, the following is the situation: the line is not registered in the land register. The line is part of the local network. At one of the following poles, we are connected with a three-phase power supply (circular saw, other large consumers). The line is already disturbing in a certain area. Is insulation still an alternative for the energy supplier? How should I best approach the negotiation talks with the energy supplier now?

If you are directly connected to it, there is definitely an obligation to tolerate it. You write that it is a bare overhead line, then there is already the possibility of converting it to an insulated overhead line. Here, I believe, the distances that must be maintained are 1m. If the pole is disturbing, there may be the possibility to relocate it on the property. I would simply make a friendly inquiry with the supplier about your project.

Best regards Christian