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

  • Erstellt am 2016-11-21 11:08:36

DG

2016-12-02 12:18:03
  • #1
Ok, started differently:

Let’s assume your property is free of encumbrances and a utility company asks if they may run a line across your property. Then you can agree to this, but it must be regulated/recorded by a servitude in the land register.

You might still have some old DDR contamination on your property (although I suspect the line was already renewed after the reunification), but there is currently no land register security for it.

Legally, this is an unpleasant limbo, but it should be corrected. You can now demand that the line be secured by a servitude in the land register. The utility company has to pay for this if, as suspected here, they have missed doing so until now.

However, they would need your signature for that, and of course you will not provide it free of charge.

Best regards Dirk Grafe
 

MayrCh

2016-12-02 12:18:07
  • #2

Why should he have the line secured as it currently lies? At the present time, he has absolutely no interest in having to tolerate the line. He wants the line removed/moved elsewhere, and securing the line is rather contrary to his interests.
Of course, the TEN will secure the current position of the line for him, but he will gain no advantage from this, on the contrary.
 

DG

2016-12-02 12:20:16
  • #3


Quite simply - because that is his only leverage against the utility provider. Either they pay money for securing the line or they relocate it. Saying "please, please" won’t get you anywhere with them.

It's not that hard ...
 

MayrCh

2016-12-02 12:29:57
  • #4


Well, a removal claim is definitely more than a "please, please" by now. And in my opinion, it is also the stronger leverage than a "please" for securing. With his removal claim, he also gets a) the relocation paid for and b) the compensation for the registration of the easement of the relocated line. In my opinion, this is now the method of choice. Of course with legal assistance.
 

ONeill

2016-12-02 13:05:17
  • #5
Very exciting matter. I am curious to see how it turns out and hope in favor of the OP!

But a quick question, because some here see a negligence on the part of the OP. Have you all inquired with the energy providers whether unmarked and unregistered cables lie on your properties?
 

DG

2016-12-02 13:35:28
  • #6


Ultimately, you can do/try both, although I would try it immediately through the legal department – if you can get someone from the legal department on the line. I would also bypass the caseworkers immediately and contact the department head.

The "request" for securing is not a request in the original sense – there is a legal defect on the part of the supplier. And the faster someone realizes that there, the faster you get ahead. So far, TEN denies that they have to bear the costs.



That should theoretically always be done; practice looks different, especially in older residential areas. The line plans are often only of limited quality in terms of accuracy/completeness/reliability. You can never be completely sure.

Best regards Dirk Grafe
 

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