Power cable of TEN (Thuringian Energy Networks) on construction site

  • Erstellt am 2016-11-21 11:08:36

Steve_D

2016-11-24 10:38:08
  • #1
Thanks in advance.

Oh man, just because someone missed something and I relied on the encumbrance-free status in the land register, now I have to pay for it, great.

No pipelines are mentioned in the purchase contract.
 

Che.guevara

2016-11-24 11:57:01
  • #2
In principle, you should be able to rely on the statements in the land register, so you acquired in good faith. Now the matter becomes very legal, so you will have to consult a lawyer. I would definitely not agree to bear the costs of the relocation without legal examination.
 

MayrCh

2016-11-28 08:20:01
  • #3
Well, just because a land register is free of easements for pipelines doesn’t mean that there are actually no pipelines there—keyword loan, loan-like relationship, concession contract, and so on. Therefore: if nothing is stated in the land register, explicitly include in the contract that there are no pipelines on the property. Either the seller then gets cold feet and investigates, or he signs and is then responsible.
 

Alex85

2016-11-28 09:25:40
  • #4


I would see it the same way and would also extend your list by the old law easement. This can also occur, for example, with old farms.
 

Kaiman

2016-11-29 21:48:26
  • #5
I'm in a similar situation, but in my case it's a gas line. So I looked into the subject a bit... to put it briefly: You do not have to pay for the relocation.

Reasoning:
1. Basically, you can rely on the correctness of the land register. If no encumbrances are recorded at the time of purchase and it cannot be proven that you knew about the line before the purchase, then it must be assumed that what is stated in the land register is correct.

2. If the line was laid before the reunification, energy suppliers could simply register the line rights in the land register until, I think it was 2010. I guess TEN missed this deadline. As long as the property has/had the same owner, the right of way for the line exists even without entry in the land register. If the property is sold and the right of way is not officially secured... then the energy supplier is out of luck and must relocate the line.

3. It's also worth taking a look at the Low Voltage Ordinance. More precisely, §12 is worth checking out. It actually pretty clearly regulates what you as the connection user must tolerate and what not, or rather who has to pay for a relocation. In short: if it’s not your own connection, then no.

I do find it remarkable that the TEN initially want to charge you for it. With my network operator, there was no hesitation. They are now planning a new route with a detour of several hundred meters just because of me...
 

MayrCh

2016-12-01 13:48:47
  • #6
The crux is that he, as the buyer, said: No right of way for lines on the property = no line on the property. And that is not correct. In addition to the scenarios I have already mentioned above, there are also lines in public paths and streets on private property. These lines also do not appear in the land register but are secured by concession contracts.

Basically, there is no claim for relocation, but a claim for removal. If the owner asserts this claim, however, the network operator can apply for an expropriation procedure. Most network operators will probably avoid removal or expropriation by relocating the line.

This is not astonishing at first; cost reimbursement according to the polluter pays principle is standard here. Possibly, the peculiarities of the individual case were not duly taken into account here.
 

Similar topics
25.03.2012Land now - house construction next year23
31.05.2012Financing of the property: Does the entire financing need to be secured?11
02.07.2014Realistic purchase of land and new construction of a single-family house & how to finance it?20
06.01.2015First buy the plot, then calmly plan and build...?11
16.02.2015Property purchased - Is financing/loan for house possible?13
17.08.2015Expand property11
05.01.2016Building on the parents' property12
26.09.2016Water supply from the neighbor over the property11
27.02.2017Determination of land value of property with existing old structure25
16.02.2017Transfer property / not married33
14.03.2017Property purchase, should the spouse be registered in the land register?17
10.05.2017Transfer of property from mother-in-law to me and my wife41
31.05.2017Inspection of the land register parents' house21
30.08.2017Land charge - Separate financing for land and house12
05.09.2017Finance land/house separately - fixed interest rate11
28.01.2018Construction obligation by bank or municipality? Land purchase contract15
04.05.2019Property with a price significantly higher than the standard land value23
28.05.2019How is it regarding a gifted plot of land with house construction?11
23.06.2019My property, building together51
13.08.2020Assessment of pathway plot with important municipal lines10

Oben