Joe
2012-02-02 14:11:23
- #1
Hello,
I am planning to buy a property which must be mandatorily connected by the property company to a combined heat and power plant (Blockheizkraftwerk) for local heat supply.
The following arrangement according to the purchase contract:
The buyers commit to,
a) covering the heat demand for the object of purchase exclusively through the operator of the above-mentioned Blockheizkraftwerk and to conclude a corresponding energy supply contract with them, as well as to secure the waiver of an alternative heat supply by granting a corresponding limited personal easement or land charge easement for the operator of the Blockheizkraftwerk in the land register;
b) to tolerate free of charge the lines necessary for operating the above-mentioned energy supply and to secure corresponding line rights by granting a corresponding limited personal easement or land charge easement for the operator of the Blockheizkraftwerk in the land register;
c) to pass on the obligations assumed under a) to b) to any legal successors in ownership of the object of purchase and to obligate them accordingly.
Discomfort:
§ 3 AVBFernwäremeV states:
The district heating supply company must grant the customer the possibility within the bounds of economic reasonableness to limit the supply to the consumption purpose desired by him or to a partial demand. The customer is obliged to cover his heat demand to the agreed extent from the distribution network of the district heating supply company. He is entitled to request a contract adjustment insofar as he wants to cover the heat demand using renewable energy sources; wood is a renewable energy source within the meaning of this provision.
For me, the passages of the purchase contract in connection with the heat supply contract of the Blockheizkraftwerk provider and the easement represent a violation of the AVBFernwäremeV, since the easement is much more narrowly defined than the regulation ("waiver of an alternative heat supply by granting a corresponding limited personal easement or land charge easement").
Questions:
1.) Does anyone have a similar arrangement for their local heat supply and have exited such a contract, for example because they switched to alternative energy forms?
2.) When local heat is used: Is a land register security in the above (and in my opinion) quite strict form usual?
3.) Is such a land charge easement allowed "forever"?
Many thanks in advance!
Kind regards
Joe
I am planning to buy a property which must be mandatorily connected by the property company to a combined heat and power plant (Blockheizkraftwerk) for local heat supply.
The following arrangement according to the purchase contract:
The buyers commit to,
a) covering the heat demand for the object of purchase exclusively through the operator of the above-mentioned Blockheizkraftwerk and to conclude a corresponding energy supply contract with them, as well as to secure the waiver of an alternative heat supply by granting a corresponding limited personal easement or land charge easement for the operator of the Blockheizkraftwerk in the land register;
b) to tolerate free of charge the lines necessary for operating the above-mentioned energy supply and to secure corresponding line rights by granting a corresponding limited personal easement or land charge easement for the operator of the Blockheizkraftwerk in the land register;
c) to pass on the obligations assumed under a) to b) to any legal successors in ownership of the object of purchase and to obligate them accordingly.
Discomfort:
§ 3 AVBFernwäremeV states:
The district heating supply company must grant the customer the possibility within the bounds of economic reasonableness to limit the supply to the consumption purpose desired by him or to a partial demand. The customer is obliged to cover his heat demand to the agreed extent from the distribution network of the district heating supply company. He is entitled to request a contract adjustment insofar as he wants to cover the heat demand using renewable energy sources; wood is a renewable energy source within the meaning of this provision.
For me, the passages of the purchase contract in connection with the heat supply contract of the Blockheizkraftwerk provider and the easement represent a violation of the AVBFernwäremeV, since the easement is much more narrowly defined than the regulation ("waiver of an alternative heat supply by granting a corresponding limited personal easement or land charge easement").
Questions:
1.) Does anyone have a similar arrangement for their local heat supply and have exited such a contract, for example because they switched to alternative energy forms?
2.) When local heat is used: Is a land register security in the above (and in my opinion) quite strict form usual?
3.) Is such a land charge easement allowed "forever"?
Many thanks in advance!
Kind regards
Joe