Escape route neighbor via private road

  • Erstellt am 2020-12-21 09:30:16

hampshire

2020-12-21 11:38:41
  • #1
First of all, a big compliment for your peacefulness and the search for a good solution. Experience shows that a "Private Road" sign is quickly overlooked when used habitually - tenants might think that "Private Road" belongs to their apartment building. Eventually, such favors lead to claims. I would clarify that clearly from the outset. Escape route for people: of course, use for personal needs: definitely no. Of course, it would also be possible for the builder to lead the escape route over their own property. That they don’t do this saves them several square meters and possibly trouble with the sealed area. That they didn’t approach you and try to put you in front of a fait accompli seems pretty bold to me. I find the winter service compensation a great idea - but for providing the escape route, not for providing a generally accessible access. Otherwise, I would try to persuade the builder to find another solution - I would be a bit more emotional about it than you are.
 

ypg

2020-12-21 12:59:31
  • #2
The question is also whether the escape route can only be adjacent to your private path on their property or should run over the private path. A path is now drawn on their property - not on yours.
 

Steven

2020-12-21 13:10:29
  • #3
Hello

I cannot imagine that the city told the general contractor that an escape route should (must) go over your private property. He is simply doing it because it is the most convenient solution for him, and that's it.
Of course, it won't be long until a car is parked there for unloading, eventually one parks on it, etc.
Stop that immediately. It is your property. Nobody has any business there. Otherwise, trouble is guaranteed.

Steven
 

hanse987

2020-12-21 13:24:41
  • #4
I would prohibit the use, even as an escape route.
 

Winniefred

2020-12-21 13:27:18
  • #5
I agree with the others. As it appears in the sketch, the general contractor of the multi-family house would definitely have had the possibility to place the escape route on their own property. Since there has been no communication with you and it seems like they are even trying to take advantage here through ignorance, I certainly would no longer be a nice neighbor (towards the general contractor). I would also say: do everything. Otherwise, soon not only tenants and their guests but also craftsmen, service providers like DHL, janitors, etc. will be standing there, "just quickly" to unload and get in and out and so on.... We also live next to a multi-family house, and our driveway is constantly used "just for a moment," I know the problem.
 

11ant

2020-12-21 13:27:44
  • #6

But probably without adequately verifying whether he has proven rights to use the path, i.e., merely assuming the existence and erroneously assuming the path is public or at least jointly owned (?)

There could also be a customary right from Prussian, French, or other times, which is to be preserved through continued use. I consider you among the entitled parties to demand access to the building file. Have yourself legally advised on how you can compel the owner/manager of the apartment building to assume your obligations. Signs about parents being liable are, to my knowledge, not worth the metal they are made of when it comes to children not yet required to attend school.
 

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