Escroda
2020-10-27 08:31:21
- #1
Do you happen to know why most property owners in the area are not interested in handing over the traffic areas to the city?
You’ll probably have to ask most of the property owners.
Does this cause any disadvantages?
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.
Then the owner cannot prevent the sale to the city, can they?
Yes, she can withdraw from the purchase contract.
I interpret the overall description as a property of a total of 651 sqm, of which 108 sqm are built over by a private road
I do not.
In the sale, the city has the option, if there is legitimate interest, to exercise this.
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.
Isn’t it the case that the city just steps into the purchase contract?
Yes.
I’m also wondering how/if it works to “seize” only one of the two areas from the purchase contract.
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.
I’m more interested in whether the seller can still withdraw from the purchase contract after all.
Yes, she can.