Old water pipe / control cable in the ground

  • Erstellt am 2018-03-14 17:23:56

Emetic

2018-03-16 13:09:28
  • #1
Purely based on intuition, I would say that if one more or less leaves it to me to deal with it however I want, it is somehow part of the contract, right? The seller can't grant me any rights to things in the contract of which he is not the owner at all. It doesn't say that you can do whatever you want with it, so of course it could be that you only have to tolerate its presence by contract (as in the case of the low-voltage line), right?
 

MayrCh

2018-03-16 13:43:17
  • #2
The section on the pipeline at least lends itself to creating that impression. However, as long as the pipeline is not discussed in more detail in writing in the purchase contract, that impression is not sufficient for me. Section 94 of the Building Code defines what essential components of a property are; however, there are court rulings that classify supply and disposal pipelines under Section 95 of the Building Code as having only temporary purposes – and therefore not belonging to the property. The temporary purpose would, in the specific case, already be factually demonstrated by the decommissioning. Whether the pipeline can remain or not can surely be better answered by your civil engineer or structural engineer, possibly also your expert. But I would, in any case, clarify now who owns the pipeline before and after the property purchase, solely because of the security of consequential costs. Keyword factual tolerance, tacit loan agreement.
 

Emetic

2018-03-16 14:59:37
  • #3
Super thanks, we will definitely bring this up at our next appointment.

Purely hypothetically: We are the owners and have the pipes removed at our own expense as part of the earthworks. This shouldn’t cause too much additional cost, right?
What exactly is meant by "ordnungsgemäß verschließen"?
 

MayrCh

2018-03-16 16:02:08
  • #4

If you actually buy that thing, get everything in writing. Ideally, the pipeline should be described somewhat more precisely in the purchase contracts.
Then also ask for further information about the pipeline. What purpose, year of construction, when decommissioned, and which material (steel, ductile iron, concrete, GRP, asbestos cement...). If applicable, the pipeline is also filled with flow mortar, which would of course be the best case for you.
Conversely: The material is dilapidated, collapses at some point, and settlements occur.

Well, excavating half a meter for the foundation slab certainly costs significantly less than a pipe trench about 1.5 to 2 meters deep. If it goes wrong, you need shoring, construction water management, you first have to locate the pipeline, and you must properly dispose of the removed pipe sections (that’s why the material is important, asbestos cement). That can add up.

I would say here: Seal tightly so that neither soil nor water (longitudinal drainage) can penetrate.
 

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