Slapped on the ear during the property purchase

  • Erstellt am 2016-11-14 20:58:33

DG

2016-11-14 23:14:37
  • #1


Could it be that the street section is privately owned but publicly dedicated? If so, there should be an entry in the relevant register of the city/municipality.

Although I suspect that you will not get far without legal counsel. Either you have to enforce reversal and then claim your incurred costs – or you have to have building obligations forcibly registered. The building authorities do not like that or only do it when a judge has said "yes and amen" to it.



Theoretically yes, practically rather no.

A cadastral map including all (!) surrounding properties (without specific location information) with the notes "street", "private property", "municipal property" would be helpful. It should clearly show how the ownership conditions are (without specific names, which are dispensable).

Best regards Dirk Grafe
 

Otus11

2016-11-14 23:28:03
  • #2


Unfortunately, that is all too imprecise; it really depends exactly on the wording of the contract and the easement.
Rights of way are not the same as rights for utilities, etc.
And that is best assessed indeed by a (specialist) lawyer, e.g. for construction law (which you can find through the local bar association).

Customary and permissible are easements, for example, for rights of way in favor of the public, to keep a path along the lakeshore free for everyone.
However, that does not mean that "everyone" can then lay their utility lines there during a Sunday stroll, etc.

Tip for Google:
123recht practical guide: Securing the development of a property by registering a building encumbrance or an easement
 

DG

2016-11-14 23:52:51
  • #3


Yes – and it would have been the notary’s duty to explain that in German for laypersons. I bet 1€ that this did not happen or only happened very inadequately. If it did, the original poster was a gambler and now has a small task ahead.

At least this will be (time-)consuming. Not exactly advantageous as a start for a harmonious neighborhood either.

Best regards Dirk Grafe
 

Bauexperte

2016-11-14 23:56:17
  • #4

Agreed. I also bet €1.00; however, that the OP did not question anything.

Best regards from the Rhineland
 

HilfeHilfe

2016-11-15 07:38:48
  • #5
I would be interested to know if you have sought the conversation with the seller
 

Dennisharald

2016-11-18 22:51:35
  • #6

We didn’t question much because the notary himself stated that the easement was secured, as it would be nonsense to buy the property if you couldn’t get up there. So everything was clear to us as laypeople.

Now, after we asked the seller and notary, the statement came that it was assumed that no building encumbrances would be necessary here[emoji57].

So if an architect (seller) and a notary don’t know, then who does?
 

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