Sale to two buyers, who bears the surveying costs?

  • Erstellt am 2022-10-14 13:38:10

wobbbel

2022-10-14 13:38:10
  • #1
Hello everyone,
I have little experience with such matters and hope to find competent people here who can help me with this probably simple question!

So, I have an area of 6000sqm, from an even larger one, which I want to sell.
Most of it, namely 5750sqm, is to go to a land development company.
250sqm of the area are leased by a neighbor and used as a garden.

The main buyer will of course have his future property surveyed. He will also bear the costs for surveying and the land registry office, etc.
Now my question is the following:
If the partial area of 5750sqm is surveyed, does that automatically mean that the leased garden (250sqm) is also measured and can be re-registered in the land registry?
Or does one have to commission a separate survey for this second sale?
The boundary points are actually fixed then, aren’t they?

I have attached a quick sketch to make the matter a bit clearer.

Thanks for any help!
 

HilfeHilfe

2022-10-15 06:51:44
  • #2
Hi, should the garden remain in your inventory or be sold along with it?

If it is sold along with it and leased further, the buyer is responsible. If it remains in your inventory, nothing else needs to be measured.
 

ypg

2022-10-15 09:06:56
  • #3

With a lease, the garden remains your property…

… or do you also want to sell it? Then the part must also be surveyed. However: who can do anything with 250 sqm? For building land, quite small, so the surveying costs are not even worth it…
 

Tolentino

2022-10-15 09:51:03
  • #4
I understand it like this: TE wants to sell all 6000 sqm. Of that, 5750 go to a large developer. 250 should/wants the previous tenant to buy. I think the easiest and cheapest would be for you, the person in charge, to already commission the surveyor for both surveys and distribute the costs proportionally onto the prices of the plots. Of course, it could be that the smaller one then suddenly no longer wants it. Basically, you can of course also include both surveys each to the buyer in the notarial contract, but that would be to the disadvantage of the smaller one, since the larger one will very likely not coordinate with him and will commission a joint surveyor. I don’t know if that can already be legally fixed in the notarial deed.
 

wobbbel

2022-10-15 13:41:51
  • #5
Yes, that’s exactly what was meant. Sorry if I didn’t express myself clearly enough in the initial post. Ok. So just because the developer is surveying his plot, the second, smaller one is not automatically defined? The boundary points would be the same anyway. The small tenant basically has to have his resulting total plot surveyed? Am I understanding that correctly? Best regards!
 

ypg

2022-10-15 18:53:53
  • #6

No, then every second property in a row (purely hypothetical) would not have to be surveyed, because the others have already been surveyed and every second one would result from that.

I am not a surveyor, but logically it would be if every property has to be surveyed.
 

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