Electricity supplier Right of way New Federal States
Good day,
It applies: New federal states - Saxony. Rights of way of the energy providers not yet registered in the land register. I refer to the following article:
www.bbt-group.de/fileadmin/content/pdf/DW_10_2009.pdf
In addition, there is a disagreement with the energy provider regarding certain responsibilities.
So:
Two years ago we bought a property in Saxony with a residential house and forest area of approximately 17 hectares. Now, at the end of this year - so December, January - there should be a first thinning of a smaller part of the forest of approximately 2 hectares in size, through which a low-voltage line runs that supplies our house and three other houses (our house is the first in this "chain" that is supplied with electricity through this line). The other houses are no longer on our property.
Together with our forest ranger, we have already tried to persuade the energy provider, as the owner of this line, to remove the cable, which is essential when using modern timber harvesting machines. However, the energy provider is only willing to disconnect the line. He would not be responsible for laying it down, but could hire an external company for a fee of around 100 euros per day. Allegedly, there are fixed cost rates for such measures.
We find this demand quite unreasonable, as the energy provider uses our property for his line, which also supplies other people with electricity. After all, this prevents us from using the forest land for some square meters (under the line plus protection strip)!
Are we really powerless and without any right to claims just because we ALSO receive electricity from this line? It is a kind of T-shaped branch, so the line has an extra branch to the house and otherwise continues to other properties. About 200m but still on our land.
In summary: Do we really have to pay for laying down the line? What about compensation for the line through our property according to Section 9 GBBerG?
(We thought of a small "deal" with the energy provider: Free removal of the line in exchange for waiving compensation according to Section 9 GBBerG...
After inquiry at the land registry office, no easements for the energy provider are registered for the property yet, but the local employee said that the energy providers are currently strongly pushing for this (legal deadline until the end of 2010). The length of the line on our property is estimated at 200-250 meters, of which an estimated 50-80 meters are exclusively supply line to our house. The house has been standing for about 80 years, just like the other three houses supplied by the line, so the line itself must be at least 50 years old. This should be relevant for the provisions in Section 9 GBBerG.
We are currently considering whether it would be helpful and promising to persuade the energy provider to lay down the line for free in exchange for
