Right of first refusal of the municipality/city
October 25, 2011 | 45,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Can the city exercise its right of first refusal for only a partial parcel of a property, which consists of two parcels but is registered under one number in the land register of the district court? (Therefore, one property!!!!)
Explanation:
Subject of purchase: The seller is the owner of the property registered in the land register of the district court of ... from ..... Sheet 4542 of the cadastral area ....
Plot 16 Parcel 200/24 Building and open space: 64 m2
Plot 16 Parcel 26/6 Building and open space: 742 m2
These two properties were merged with a notarial contract dated July 13, 2004 and registered under one number at the land register office .... on sheet 4542.
I am the buyer of these two parcels and have signed the purchase contract at the notary. However, the responsible city administration informs me that they are exercising their right of first refusal only for parcel 200/24 in plot 16 - 64 m2.
I will then no longer be able to develop the remaining property as planned due to boundary compliance, etc.
Is the city administration acting legally?
Is this possible? Is the city administration acting legally?
Dear seeker of advice,
Thank you for your inquiry. I would like to answer it as follows:
First of all, it is correct that the municipality has a right of first refusal according to mandatory public law regulations.
Therefore, it is often agreed in purchase contracts that the municipality must be consulted beforehand to see if they wish to exercise this right of first refusal.
Unfortunately, I must inform you that the municipality can also exercise its right of first refusal in relation to a single plot of land that is part of an otherwise unified property.
Accordingly, the behavior of the city administration here is likely not lawful.
I hope I have provided you with some initial legal guidance and wish you much success and all the best!
I would like to finally point out the following:
The legal advice I have given is based solely on the information provided by you. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal evaluation.
I hope my explanations have been helpful to you. Feel free to contact me through the follow-up option.
I wish you a pleasant Tuesday evening!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
