Slapped on the ear during the property purchase

Hello everyone, in February we bought an undeveloped building plot that was advertised as immediately buildable. In March we submitted the building application and have achieved nothing until today.

To reach the plot, you have to pass over a private road, and after eight months it has now become clear that we need building encumbrances [Baulasten] from 4 neighbors for the access. The notary contract always mentioned easements and that would be sufficient. Now it turns out that is not the case and we need the [Baulast], which is not a problem except for one neighbor. That one wants €15,000 for the [Baulast], which I do not want to pay because I believe the seller concealed this from us and he should pay the amount. On the other hand, the seller has no sewage security for the plot because it is exactly the same here. Building encumbrances are required that one neighbor will not give us, not even for money. Now the seller has arranged a different route for the sewage, but it is also not certain whether we can connect there because the pipe diameter of the existing line is too small. We have already incurred numerous costs for an architect and we have also already signed for a prefab house.

What do you think, can I sue the seller for deception and damages? Especially since he is an architect and should have known that building encumbrances would be needed here.

Best regards

My goodness... go to a lawyer, not to the forum - and preferably sooner rather than later.

... after eight months it has now turned out that we need development obligations from 4 neighbors for the access road. The notarized contract has always mentioned easements and that this would be sufficient.

1. The notarized contract even cites the requirement of (civil law) easements (a "more" compared to the development obligation").

Were these easements each established???

2. If yes, this results in the property owner having the enforceable - legally actionable - right to grant the public-law development obligation.

3. If no: Why not? The reference to the requirement is apparently clearly laid out in the contract ...

Since you are asking here, I guess number 3...
However, you have to answer for yourself the question of "Why not".

1. The notarial contract even mentions the requirement of the (civil law) easement (a "more" compared to the building encumbrance").

Were these easements each established???

2. If yes, it follows for the property the enforceable - litigable - claim for approval of the public-law building encumbrance.

3. If no: Why not? The reference to the requirement is obviously clearly laid down in the contract ...

Since you are asking here, I guess 3. ...
However, you have to answer the question of "why not" yourself.

The city has registered an easement on the mentioned property (€15,000) which it has made available to the public. That is not sufficient for the building authority because then I would no longer belong to the public category but private.

When I read this, I can only agree with . Go to a lawyer.

And, ask yourself the question .. "Did you really understand everything that was stated in the notary contract correctly?" and be honest with yourself.

As soon as possible, you should also create memory protocols of all conversations that took place and note down witnesses. I think it will be necessary.

This forum can’t help you at all.

All right, thanks to you all for now