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Foreclosure, neighborhood law

December 7, 2009 | 50,00 EUR | answered by Steffan Schwerin

I have the following question:
A few weeks ago, I purchased a plot of land in a forced auction process. It is a storage area of 1,500 square meters. Next to this plot, the sister of the previous owner of my acquired property owns a small plot of 240 square meters. This plot can only be accessed and driven through my property. The small plot has been abandoned and neglected for years.
This plot has been put up for auction several times before, but due to its unfavorable location and small size, it was never sold. However, now that I have this adjacent property, this small plot has become interesting to me. I would like to purchase it now.
I contacted the bank that has tried to auction off this plot unsuccessfully several times. The relevant clerk told me the following: Due to the high court costs that have already been incurred, the bank is no longer interested in putting this plot back into forced auction. Therefore, it is no longer for sale. However, this situation is unacceptable. There must be a way for this plot to be sold. I offered to pay all the costs incurred so far and the purchase price to the bank clerk, but he still refused to auction it off again. The owner does not care about this plot, and there is no right of way through my property to access this plot.
What can I do to acquire this plot? Can the bank simply refuse to sell, even though no one else can use this plot except for me?

Steffan Schwerin

Dear Questioner,

I will answer the questions you have raised, taking into account the situation described and your efforts, as follows:

Unfortunately, there is no legal claim against the bank to force them to sell you the property. The bank now has rights similar to those of a property owner and can decide at their discretion whether or not to sell.

Therefore, the purchase of the property can only be negotiated with the bank on a mutually agreed basis.

However, the bank cannot be forced to sell the property.

There may also be an easement over the property in certain circumstances. This can be asserted against the bank, who would then be obligated to grant the easement and have it registered in the land register.

The reasons you have mentioned are unfortunately not sufficient to compel the bank to sell. You should continue to persist in persuading the bank to sell you the property through the arguments you have started.

Therefore, you should continue to pursue this course of action and try to convince the bank to sell the property to you through mutual agreement. However, there is no legal right to do so.

If the mentioned sister is still the owner of the property, you can negotiate with her regarding the sale. Since the bank evidently no longer needs the property, you may be able to purchase it from the sister. She can then use the proceeds to pay off her debts to the bank.

Try this approach. However, there is no legal right to acquire the property.

I must point out that this platform cannot replace comprehensive and personal legal advice. It aims solely to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation could lead to a completely different legal assessment.

I hope I could give you an initial overview and that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee would be credited in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication means such as email, mail, fax, and telephone, legal representation is still possible.

Yours sincerely,

Steffan Schwerin
Lawyer

Law Firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
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Email: raschwerin@raschwerin.de

Website: www.raschwerin.de