The city wants to dissolve the street and offers the area for sale

  • Erstellt am 2018-12-18 06:38:39

Kalle73

2018-12-18 06:38:39
  • #1
I have received mail from the municipality; they want to dissolve the street behind my house and sell it to the adjacent homeowners. The street is hardly used and is therefore unnecessary, as there is also a street running on the other side of the house. What would be an appropriate purchase price? What will they do with the street if I do not want to buy it, in case the price is too high for me? Does the city have to remove the asphalt before transfer? The standard land value here is about 185 euros per sqm. The area is approximately 50 sqm. Are there similar cases? Do I have to pay real estate transfer tax and notary costs, etc.? How should I behave or proceed? Actually, I could use the area because I do not have my own parking space, but I do not want to spend more than 5000 euros for it; is that realistic?
 

montessalet

2018-12-18 06:57:05
  • #2
land transfer tax will definitely be due. The question of what the municipality will "do" with the road before the sale you have to ask the municipality, no one here can tell you that. If I were the municipality, I certainly wouldn't do anything.... But ask there anyway: it is probably not the goal to keep the road as such. And with your inquiry you can also find out the price. Just as a note: if the road surface were removed now: how do you want to make a parking space there? Would you then have an access via your property?
 

RomeoZwo

2018-12-18 08:29:18
  • #3
Hello, I had a similar case, only that in my case the street serves as access to 3 properties. As the purchase price, the city used the standard land value. Real estate transfer tax and notary fees would of course have been due (as with any other real estate purchase).

The city offered the street to the 3 neighbors each at 1/3. Neighbor A was not interested because he only uses 3m2 of the street (and could sue for a right of way), Neighbor B wanted the street alone (for whatever reason) and Neighbor C (me) did not want Neighbor B to buy the street alone (because of trouble with the right of way). The end of the story was that the street still belongs to the city ;-) .

So be careful that none of the other neighbors/co-buyers obtains a right of way or has to be granted a right of way by necessity. Otherwise, the purchase brings you absolutely nothing except costs.
 

11ant

2018-12-18 14:14:31
  • #4
Post the [Flurkarte] here as an image, then one has an idea of what is being talked about.
 

Kalle73

2018-12-18 14:28:38
  • #5
So, my house is located on the corner, the streets run at an acute angle, so I could directly use the offered street as a driveway (parking space). If the city were now obliged to remove the old pavement before handover (I might possibly need a part for the parking space), costs would also be incurred for them. I would then like to plant the rest or do something similar. A right of way is actually not necessary now, but there is a sewer system running under the street that would also have to be regulated somehow regarding what happens if work is ever required there. I will probably have to inquire about all that. I just wanted to get some preliminary information about what I need to consider in order to perhaps improve my negotiating position.
If I now had to pay, for example, the standard land value plus the removal of the pavement + real estate transfer tax, notary, etc., the whole thing would hardly be worthwhile anymore (10k + x). The land area is currently 140 sqm and the house with the land might be worth about 75-80 thousand euros (built around 1900), although I am still not sure if I’ll keep the house at all.
On the other side of the street, there is another neighbor with a large garden plot; they could possibly expand the property with the street, but I hardly believe they are interested at all. My back exit (which I mainly need for my bike) would then open directly into their garden (meaning I could no longer use it), and they could look directly from their garden into my kitchen.
Best if I just ring their doorbell.
 

Kalle73

2018-12-18 14:58:01
  • #6
So it's about the street above the house
 

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