Development of a property
January 13, 2011 | 35,00 EUR | answered by Jan Wilking
The situation is as follows: I purchased a plot of land through a forced auction a year ago (storage space). Now I want to build a storage hall on it. Until November 2008, there was a ban on commercial operations on the property, which was removed during a previous forced auction. A neighbor from whom this property originally came had this ban recorded when he sold the property to the previous owner. However, the previous owner had to transfer the property to me through the forced auction. Since I have submitted a building application to build the hall, I now need a signature from all neighbors for it. The building department decided so because the commercial regulatory authority requires it. Now my question is: Does the neighbor who originally had this ban on commercial operations recorded also have to provide this signature, or is his signature no longer necessary due to its removal?
Dear inquirer,
I am happy to answer your inquiry taking into account the description of the facts and your effort as follows:
I assume that the easement has lapsed as a result of the forced sale in accordance with § 91 ZVG. Since no consent of the neighbor previously favored by the commercial ban was required for this, I believe that the signature required for the building application cannot be replaced in this way. Therefore, you should try to obtain the required signature.
It is possible that your construction project may be permissible without this signature and the request from the authorities is only to expedite the process. Ultimately, this depends on the applicable (building) legal regulations.
I hope to have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that in the context of an initial consultation without knowledge of all circumstances, I cannot provide you with a final recommendation. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them based on full access to all documents.
Best regards
