Is the easement for local heat supply permanently permitted?

  • Erstellt am 2012-02-02 14:11:23

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
 

knollox

2013-01-07 14:17:25
  • #2
We have a similar clause in our contract. With us, 10 semi-detached houses are operated via a gas-powered combined heat and power plant. Only if you commit to using the provider exclusively as the heat supplier for 10 years can you buy such a house. We did it and were shocked at the first heating cost statement. The provider’s prices are significantly above the usual market price. In addition, there is a flat rate for the heating system of about 80,-- / month. This was not disclosed before the purchase. Now we are at the provider’s mercy for at least 10 years. But even after that. The heating system still belongs to the provider. A change is basically excluded forever.
 

Bauexperte

2013-01-09 10:17:42
  • #3
Hello Joe,

elsewhere in this forum there is a comparable discussion thread; there a user is *after* purchase looking for a way to withdraw from a notarized delivery obligation. You therefore *still* have the better cards to change something ... if possible.


The only chance to change anything in the wording is to consult and then commission a lawyer specialized in contract/construction law.

We live in a free market economy, whereby buyers and sellers - of course within the framework of legal provisions - determine the fate of their contract. Sometimes - as here - it makes sense to bring in external help. If anyone at all can persuade the seller to change his prefabricated texts, then a lawyer, since he meets the seller *at eye level*. On *the other side* there is in my opinion also a lawyer and the notary is *only* obligated to ensure that the buyer is not taken advantage of. But this by no means means that the seller does not try to *fully exploit his hand*!

If there are enough buyer inquiries, you may have dealt with lemons, because the seller will not agree to any changes in the wording.

Kind regards
 

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