The channel runs over the property

  • Erstellt am 2017-05-16 00:09:01

Melto2017

2017-05-16 00:09:01
  • #1
hello everyone.
We bought a plot of land in September 2016. A canal runs completely across our property parallel to the property boundary.
We connected our sewage connection there.

Now we received a letter from the municipality stating that they want to buy back the right to the canal.
They want to pay less €/sqm than we paid for it.

Now our questions.
Can we refuse this? Actually, our carport should be built almost up to the boundary.

Could we demand more money?
The neighbors have just started building and now also want to connect to this canal. Can they do that so easily?
What if we sell the property? Are we then not allowed to build anything on it?

Thank you very much in advance
Best regards
 

11ant

2017-05-16 01:42:32
  • #2
I believe there is a misunderstanding: an easement (or, in public law terms, a construction obligation) such as a right of way / pedestrian, vehicular, and utility right is not a sale of the parts of the property associated with it. The price for acquiring the right is "compensation" for the accompanying restrictions and is naturally considerably lower than the purchase price for the affected areas would be.

If the municipality has a pipe laid in your property to which other neighbors are or will be connected, it must be able to excavate it if necessary for repairs. So a parking space above it is acceptable, a garage on top is not; and a tree that roots into it plainly is not either.

The price for such rights is intended to compensate for the fact that the entry of the right in the land register also reduces the value of the property. The whole matter is by no means rare but rather common practice. Municipalities cannot possibly have only their own streets and paths over all pipes and lines.

It can hardly be refused because of the connection to the common good, but why would anyone want to? Such corridors usually do not run through building envelopes; at most, a garage must be located elsewhere because of it.

This is no drama. The right must be exercised "with consideration." The rates are usually agreed upon in the municipal council as reasonable. There is no need to make a big fuss about it.
 

Melto2017

2017-05-16 08:31:21
  • #3
Ok, thanks for the answer. Then we will agree to that.
 

Mycraft

2017-05-16 09:12:59
  • #4
We have refused...meaning the country belongs to us and whoever wants to do anything with it, they have to coordinate with us...I mean we have nothing against it...and we also know that the lines do not belong to us...
 

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