Old water pipe / control cable in the ground

  • Erstellt am 2018-03-14 17:23:56

Emetic

2018-03-14 17:23:56
  • #1
Hello dear all,

we plan to buy a plot of land directly from a municipality.
It is located in a new development area that is currently being developed.
During the development work, old pipes were found in the ground; in addition to "our" plot, other plots are also affected.
The exact wording according to the purchase contract is:

The plot is crossed at a depth of 140 to 180 cm by a decommissioned water supply pipe DN 250 and at a depth of 0.80 to 100 cm by a non-functional control cable.
The exact location of the pipes is shown in the attached site plan. If necessary, the pipes may be removed by the landowner; the pipe ends of the water pipe must be properly sealed.

According to the site plan, the pipes run diagonally through the plot, including the place where our house is supposed to stand. However, we have not planned a cellar for cost reasons.

Do you see this as problematic, or will it affect us rather less in practice?

Thanks in advance
 

MayrCh

2018-03-15 13:09:03
  • #2
Are the lines secured in rem? In other words, is there an entry in the land register?
 

Emetic

2018-03-15 19:03:08
  • #3
According to the purchase contract, the land register is free of encumbrances. It is explicitly mentioned in the contract that we can remove the cables at any time if we want. If they were registered in the land register, it wouldn't be that easy, right?
 

11ant

2018-03-15 19:08:29
  • #4
An intention to buy is a legitimate interest in inspecting the land register sheet, i.e. one can and should view it before the purchase.
 

MayrCh

2018-03-15 19:35:31
  • #5


Yes, at your own expense of course. However, without a real right, you have a claim for removal against the line owner if the thing restricts you. The costs then have to be borne by the line owner.
 

Emetic

2018-03-15 20:05:09
  • #6
We will receive the land register sheet next week at our next appointment.

A real security interest should then be registered in Section II, right?
If nothing is entered here, can I have the lines removed at the owner’s expense, or how is this to be understood?

But I am afraid that with the purchase agreement for the plot of land, I also acquire the lines, at least no other owner is named anywhere.
 

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