Purchase of a building plot with traffic area

  • Erstellt am 2020-10-26 11:41:09

Escroda

2020-10-27 08:31:21
  • #1

You’ll probably have to ask most of the property owners.

That depends on the individual case. In any case, the owner relinquishes the decision-making power about when and how the area is developed or maintained. So, anyone who does not want to expose themselves to the apparent arbitrariness of the municipality would rather keep their property. Whether private legal disputes with co-owners or easement beneficiaries are more agreeable, I don’t know, but that certainly also depends on the contractual arrangement. If the municipal employees are already known for many grievances, the seller’s standpoint is understandable.

Yes, she can withdraw from the purchase contract.

I do not.

No. Not on the basis of legitimate interest. The conditions are clearly defined in the Building Code. Therefore, it would be interesting to know which conditions constitute the municipality’s pre-emption right at all.

Yes.

No, not by force, unless expropriation reasons apply. Normally, an attempt will be made to reach an agreement. If that fails, no purchase comes about, neither with a private buyer nor with the municipality.

Yes, she can.
 

Pinky0301

2020-10-27 08:35:31
  • #2
But she can only withdraw from the KV before signing, right? So she can't sell at all. After signing, that should no longer be possible, right?
 

nordanney

2020-10-27 08:46:31
  • #3


But not from an already notarized purchase contract? Where should the right of withdrawal come from?
However, the municipality could say that it does not want to enter at the purchase price, but at the market value. This assumes, however, that the purchase price is above the market value and the municipality does not want to buy at any price. Then, and only then, there is a right of withdrawal for the seller.

There remains a possibility where the pre-emption right does not apply. However, two parcels would have to be present. The "house plot" is sold at an excessive price, the "access plot" is gifted. In the case of gifts, there is no pre-emption right and the municipality comes up empty-handed.
 

Escroda

2020-10-27 09:15:10
  • #4
You are right. If the contract has been legally concluded, there is no going back. Therefore, the negative certificates are often requested by the notaries when the purchase contract is already in its final version but is not yet legally binding.
 

11ant

2020-10-27 12:03:31
  • #5
You mean, in the fourteen days between awareness and signature, which are supposed to protect buyers from "midnight notaries"?
 

Pinky0301

2020-10-27 12:24:09
  • #6
14 days' notice is only given by the developer, right?
 

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