ᐅ Before Handover – Tree Falls onto Neighboring Property

Created on: 2 Feb 2020 21:44
R
Reinhard84.2
Hello,

I signed the purchase agreement with the notary for a house and land three weeks ago.

During the last inspection, I noticed a dead tree, a huge conifer that is already hanging halfway over the neighbor’s property. The house has not been paid for yet; I expect the payment to happen by the end of February. I informed the seller, who was already aware and said he would take care of it. However, nothing has been done. I feel like the seller wants to delay the issue.

Question: Can the seller hand over the property to us like this, or is he required to fix the situation before transfer?

Thank you and good luck
H
hampshire
3 Feb 2020 10:03
Regardless of legal or moral considerations: if the current owner does not want to take care of it and the new owner insists, payment and handover will be delayed. This not only causes inconvenience but also poses a financial risk that far exceeds the cost of tree removal.

Approach the situation pragmatically, remind the seller of their statement that they intended to handle it, offer to help if they are overwhelmed, and be prepared to resolve the tree issue yourself if necessary.
Y
ypg
3 Feb 2020 11:58
Pinkiponk schrieb:

People hand over their stuff properly, I think

That’s probably true. If I owned an apartment, I would hand it over broom-clean. But landscaping is part of every “plot of land.” I also see a row of trees. Surely, as the seller, I probably haven’t even stepped foot on this property this year… I won’t be plowing weeds either… I think the strategy of waiting it out is understandable and others would do the same if they were honest. Mentally, the rights have already been given away.