Plot with public line

Good morning, I have the following problem:

A plot of land has been offered to me by my chosen developer, through which a public stormwater sewer runs underground. The buildable areas of the plot (1000 sqm) are therefore limited to about 40%. What consequences would the purchase of this plot have in terms of compensation for the utility provider, usage rights, etc.? What other disadvantages would I have to accept? The offered purchase price is attractive and the buildable areas are still large enough to implement the building plans. Thanks in advance for your information.

Best regards

Ralf

Hello Ralf,

What consequences would the purchase of this property have regarding compensation for the supplier, usage rights, etc.?

What compensation?

Best regards

Hello Ralf,

A counter-question that doesn't really help now.

Oh yes, it helps "you" on the path of self-reflection! However, I admit that I should have marked my question as irony.

Compensation in the sense that the value or the value development of the property is reduced because a considerable part may not be built on. Or because there is always the risk that the property has to be dug up when the canal needs to be repaired. Or because the canal simply runs right through a private property and not through public space. Question answered?

You did not buy - you only see your advantage and think, typically German, of an additional discount.

We live in a free market economy; what the seller wants to offer "as compensation" - "attractive land price" - is reflected in the price/sqm/building land. If you want this property, you have to accept the "disadvantages" caused by the necessary easement/right of way/building burden. There is no additional compensation of any kind.

I only read disadvantages, but the advantage for you is obvious. You can buy a property at a very reasonable sale price with the only catch that the waterworks reserve the right to enter your property for necessary inspections/repairs. I am fairly sure that repairs to this property are also borne by the waterworks (should be in the notary contract).

I don’t have to understand everything...

Kind regards

Don't take it the wrong way, I don't want to have an ethical discussion here, but one based on facts. These usually derive from laws and regulations, and that's exactly why I find your contribution rather unhelpful. Especially since a property sale is a transaction between the old and the new owner, and a local utility company initially plays no contractual role in this. In my assessment, any potential claims would have to be regulated separately. But how, that was the question.

If you have any information new to me, then bring it on. Otherwise, please exercise restraint.

Perhaps it was a mistake on my part to hope for a factual clarification of my question from a forum. Maybe I should have just commissioned a lawyer from the start.

Hello Ralfnator,
unfortunately, I have to agree with Bauexperte. The purchase price takes into account the right of use through the canal. The purchase of the property will NOT change anything about the right of use, as it is certainly already registered in the land register and you have to live with it (whether you want to or not). You will no longer be able to negotiate with the utility company because the purchase changes nothing.
By the way, it is completely normal for pipes / cables / canals etc. to run under properties (where else should they go).
So you only have to decide for yourself whether you want to live with the fact that the utility company may come onto your property. If digging needs to be done, the utility company does it and then restores the original condition.

Hello Ralf,

Don’t take it the wrong way,

I don’t take it the wrong way; why should I? - You are merely showing a perfectly normal, human reaction.

I don’t want to have an ethical discussion here, but one based on facts.

You yourself initiated this discussion with your opening post here in this thread; morality is, after all, a subject of ethics. And yes, I criticized the morality of your question in my answer. If it hadn’t been for the inserted sentence "in Bezug auf Entschädigung des Versorgers" flashing up, I might have asked some more questions and then tried to give you answers to the best of my knowledge and belief.

Moreover, a property sale is a deal between the old and the new owner, and a local utility company initially plays no role here contractually. These possible claims would, in my opinion, have to be regulated separately. But how, that was the question.

The public utility company does play a role, and not a minor one; it will even become part of the notarized purchase contract. Due to the fact that pipelines run through the property you favor, and these pipelines belong to the utility company. The associated "restrictions" – if you want to call them that – will be sweetened for you by the favorable purchase price ...

Otherwise, please exercise restraint.

I am always restrained

Perhaps it was a mistake on my part to hope for a factual clarification of my question from a forum. Perhaps I should have immediately commissioned a lawyer.

On the one hand, no one here is allowed to give you legal advice – this is reserved exclusively for advisory professions in Germany. On the other hand, you should – in any case – consult a lawyer, because the notarial contract to be concluded is not based on just two parties – seller and buyer – but grants a third party a permanent right of use of the property. If you do not have sufficient knowledge in this regard – how could you, you are a layperson – there should be someone who advises you regarding the wording of the notarial contract.

Kind regards