Order in land purchase for construction

  • Erstellt am 2019-01-21 09:24:35

Yosan

2019-01-21 09:24:35
  • #1
Hello, I hope this is the right subforum.

We were at the notary before Christmas and signed the purchase contract for a piece of land and at the same time also the documents for the registration of the land charge. But to this day, the notary apparently still hasn’t sent anything to the municipality stating that they waive the preemptive right (it is certain, however, that they do not want the property). Can the land charge only be registered afterwards or does it work independently of the preemptive right? Otherwise, I fear that our start of construction could be delayed if the land charge is not registered in time.
The very kind lady at the municipality is informed and said she would process it immediately as soon as something arrives, but if the notary sends nothing, she can’t do anything either...
 

Zaba12

2019-01-21 09:36:45
  • #2
Regardless of the right of first refusal, I can tell you from our example that a notary has no interest in leaving "things" unfinished. As soon as all documents are available, the notary will take action again and send the documents to the bank/land registry office so that the land charge can be registered.

So now it's a matter of waiting. You cannot speed up anything yourself. Annoying the building authority and the notary won't help either!

In our case, it took 1.5 years from the notary appointment until the registration of the land charge! However, this was due to the slow development and only afterward possible surveying of all plots by the district office.

So just wait and drink tea :-)
 

Yosan

2019-01-21 09:43:47
  • #3
Which documents must be available for him to inform the municipality of the purchase contract so that it can waive the right of first refusal?
 

Zaba12

2019-01-21 09:44:52
  • #4
Call him! He is probably open now.
 

Yosan

2019-01-21 09:48:15
  • #5
I don’t want to be a nuisance and the last call unfortunately only resulted in a "we just didn’t work between the years but it will be shipped this week"... that was last week. Not that it will take even longer if someone there feels annoyed.
 

Winniefred

2019-01-21 11:07:21
  • #6
You are a customer there, not a supplicant. Call again, politely but firmly point out that it must be done. Our notary has always been very fast.
 

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