Perimeter obligation
Perimeter obligation is an abstract obligation to pay contributions to a public company (e.g. flood protection construction) that is in the common interest of the landowners in the perimeter area.
Origin of the word: Greek peri ' around ' and Greek metron ' measure, measuring tool '. Perimeter itself describes the perimeter of a flat figure. The term perimeter is used in connection with the obligation of property owners to perform jointly, especially in Switzerland and Liechtenstein.
Perimeter obligations often exist in connection with the construction, construction, correction and maintenance of roads and paths, bodies of water (barriers), sewer systems , soil improvement, etc. (perimeter contributions = contributions from landowners in the perimeter area).
The perimeter obligation exists for the properties that result from the joint enterprise beyond the possible disadvantages (e.g. obligation to pay contributions) economically exploitable special advantages. In the case of properties that are only partially in the perimeter area, only this area is deemed to be subject to perimeter. However, if the individual cannot gain any advantages (special economic advantage) for himself (or the property) from the joint company, there is usually no obligation to contribute, even if the property is in the perimeter area.
The perimeter obligations arise from the determination of the obligation by the bodies appointed for this purpose and affect all properties that are located within the designated area (defined by a perimeter plan). The obligation can affect individual persons ( landowners ) or even entire communities or districts (e.g. Rhine regulation ). The obligated persons are entered in the perimeter directory. The perimeter directory identifies the properties (shares) and the names of those liable for contributions with their addresses.
The perimeter contributions are not based on the amount of contribution claims for which a statutory mortgage is mandatory . No entry in the land register is necessary for the perimeter obligations to arise . These obligations arise ex lege and are liable to the property, not to the owner of the property. The public sector can contribute more or less to the perimeter contributions, depending on how great the interest and benefit of the community in the joint venture is.
An entry of perimeter obligations in the land register usually only has declaratory significance. Persons subject to perimeter requirements, who are included in the perimeter when a plant is built due to their special advantages, are generally also subject to perimeter requirements for future maintenance or maintenance and renovation of the plant. It is generally not possible for an individual to leave. Different special advantages and interests of those subject to perimeter can be compensated with a correction factor.
See also
Sources and References
- ↑ see also the wording Pi
- ↑ The perimeter-collecting company can, however , be granted a right of lien on the perimeter-encumbered property, either legally or by law.
- ↑ Whoever is the owner of the property at the time of the assessment (perimeter contribution) is therefore subject to a perimeter because he is the owner of it. The mere possession of or ownership of movable property on a property, on the other hand, does not result in perimeter obligations. Public land that is dedicated to a public task is often exempt from the perimeter requirement.
