Who has to pay the demolition costs for container construction?

  • Erstellt am 2024-07-13 19:58:42

BauBine123

2024-07-13 19:58:42
  • #1
Hello, I hope someone here can help me.

Actually, this is a matter of inheritance. My father, with whom I had no contact (therefore I don’t know any details), lived shortly before his death in a residential container which he commissioned to be built. The property in question is a private green space, which supposedly does not belong to my father, and therefore the construction is not permitted according to the building authority/administrative court. In this regard, the administrative court has decided to prohibit use. Soon this container building will probably have to be demolished. The lawyer of the opposing party estimated €45,000 as liabilities in the estate inventory for this.

Since the property on which the container was built does not belong to my father, I wonder who now has to bear the demolition costs.
-The heir, who also lived on this property as his co-resident, or
-the landowner

As a compulsory heir, I am currently trying again to obtain an excerpt from the land register in order to gain insight. Unfortunately, my last call was unsuccessful.
 

K a t j a

2024-07-13 21:14:04
  • #2
I am by no means an expert and can only express my assumption: I think that first, the person who caused the damage must restore the original condition. If several people were involved, the blame is distributed accordingly. If the perpetrator has passed away, their heirs are obligated, provided they do not renounce the inheritance.
 

BauBine123

2024-07-13 21:47:54
  • #3
Hello Katja, thank you very much for the reply. That sounds logical. Whoever causes something must also fix it. Maybe someone will even get in touch who happens to know.
 

nordanney

2024-07-14 01:22:17
  • #4
Father or heirs. Who else? I park my old car on your land and then I have disposed of my rubbish? That's not how it works. Polluter pays principle.
 

ypg

2024-07-14 01:38:42
  • #5
I assume that the land was leased? Is there a lease or usage agreement? Possibly something is stated there?!
 

FloHB123

2024-07-14 11:00:22
  • #6
If such costs are at stake, I would reject the inheritance in your place. Because by the time it is decided who has to pay how much, the deadline has probably expired. Then you don’t have to worry about it anymore.
 

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