Who bears the costs for a wastewater connection sewer?

  • Erstellt am 2013-02-13 10:16:04

warrior

2013-02-13 10:16:04
  • #1
Hello everyone,

hopefully you can help me.

It is about the following:
We recently bought a plot of land in the second row. It was sold to us as fully developed.
From a building law perspective, our plot (2nd row) and the front one (1st row) are considered as one whole plot.
That is why there is only one wastewater connection at the front property boundary, and it is located in the area of the front property.

This connection is now occupied because there is a house on the front property.
However, we are not allowed to access the connection because the neighbor objects.

Long story short, the city will lay a wastewater connection pipe to the property boundary in the area of the driveway for us. Estimated costs – about 5000 euros.
Who bears the costs? I am of the opinion that the seller has to cover them because the property was sold as fully developed.

Unfortunately, the purchase contract says nothing about a wastewater connection. And frankly, at the time we did not think about it because we assumed that there was a connection.

Thanks in advance for your answers!
 

Der Da

2013-02-13 11:06:23
  • #2
If your property is legally considered as one, then he didn’t lie. The property is fully developed. That you can’t use some of it is another matter.

You also have to pay for the sewage pipes from the house to the street. If you deduct these costs, you’re probably looking at about €2000 in additional expenses. I wouldn’t start a dispute over that... just my opinion.

If you want it precisely regulated, you have to go to a lawyer. Or try to settle out of court... but I fear that will cause more trouble than it’s worth in the end. You should maybe clarify with the seller whether the neighbor can deny you the right.

We also bought fully developed, with the verbal note that a water connection from 1960 hadn’t been paid for. We agreed to pay the then outstanding 1000 DM. The municipality’s bill was then €12,000.
We were shocked, the neighbors (sellers) were baffled, and the municipality was laughing all the way to the bank.
If our property hadn’t still been much cheaper than usual because of this, we would be annoyed about it today.
 

Bauexperte

2013-02-13 12:26:38
  • #3
Hello,


You bear the expected costs entirely alone because the property is "fully developed." Fully developed means nothing other than that all public connections are located in the street in front of the property.

To what extent and whether the front neighbor even has the right to deny your connection can be answered by the sewer construction office. In my opinion, the decision about usage lies with the sewer construction office and not with the neighbor. For what reason does he refuse the connection at all?

Ultimately, it was your own foolishness not to inform yourself adequately in advance, and I am quite sure that a corresponding clause regarding development costs is included in your notarized contract. So save yourself the money for lengthy legal disputes, in which it is foreseeable that you will lose. Speak to the owner of the sewer – here, the sewer construction office – and also try to find an amicable solution with your neighbor; you will be living next to each other for a while.

Kind regards
 

holzinio

2013-02-14 15:51:28
  • #4
As with all other matters, the same applies here: If the contract states that the house is fully developed, it must be. Otherwise, the contract is considered void and you can withdraw from it or demand subsequent performance. You can't avoid a lawyer.
 

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