Experiences with alternative route rights / judgments

  • Erstellt am 2019-11-08 09:57:14

Altai

2019-11-08 11:31:23
  • #1
I understand it to mean that wants the old, yellow access road to be used. The known plans contradict this, as they "extend" this emergency access right to other parts of the OP's property. This is where you have to start, right?
 

Zaba12

2019-11-08 11:39:34
  • #2
Now I understand! Phew..., I stick to my opinion. If the building authority approves it, then it's over. Have you already pressured the building authority to deal with it? They will not approve anything that cannot be legally implemented. But then they have to be aware of it.
 

Rosmarin

2019-11-08 11:45:36
  • #3
Exactly A prevention cannot be enforced. But the existing access is to be used. It can't be that the entire courtyard area is taken away along with parking spaces plus the flowerbed, etc. So far, the WBG has not officially requested an emergency right of way. Nevertheless, should we speak to the building authority already?
 

Scout

2019-11-08 11:53:47
  • #4
That means that through a different planning of the underground garage access or the positioning of the apartment building, another access would be possible without a right of way?

Then why should a right of way be possible at all, because of the planner's laziness or because they can squeeze out more living space at the neighbors' expense? Has the building permit already been granted? That’s where I would apply pressure!
 

HWTIGGER

2019-11-08 11:53:52
  • #5
Against access to the property via the private road (green arrows), one may be less able to do anything; only a lawyer can probably answer that. But that an additional access via one's own property must be allowed, I do not see, since there is access to the property via the private road. And that the WBG must be granted the possibility to additionally use a private property as access, I hardly believe, as the planning can be adjusted accordingly. Here, I would consider the possibility of suing because it means a significant restriction for one's own property. The question is anyway whether a gate is put up at the border to the private road, so that people do not constantly park on one's own yard because there are too few parking spaces.
 

guckuck2

2019-11-08 11:57:24
  • #6
I don't think going to the office is stupid. You can find "allies" or at least make it clear that you see a problem.

As far as I know, there is no building permit without a clarified development situation, meaning the WBG cannot create facts in my opinion.

Honestly, I don't see why, in my opinion, a plan cannot be drawn up that only requires the green path as an emergency route. The yellow access road is just pure convenience. Or rather profit maximization.
 

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