Heritable leasehold property - increase in setback area - costs

  • Erstellt am 2011-08-08 08:31:05

tastateur

2011-08-08 08:31:05
  • #1
Good day everyone,

I have a question regarding setback areas.

The following situation:

We intend to lease a property from the church under a ground lease. So far, everything is settled.

Now, due to our main planning, the relocation of half of the setback areas is necessary. Thus, the half (north side) and the whole (east side, towards the street) setback areas were swapped to comply with § 6 BayBO.

The church, as the owner, has also agreed to the whole arrangement. Now, about 15 sqm of setback area project northward into the adjacent property (which will also be newly developed, same area). There are no building restrictions for the construction client there; he can still build his house as planned. The setback areas do not overlap either.

Now the church demands compensation for agreeing to the transfer of the setback areas.

What compensation would you consider appropriate, or what compensation would you consider usury? I deliberately do not write what service the church demands from us here, so as not to influence your answers.

Many thanks in advance for your responses.

Regards tastateur
 

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