Experiences with alternative route rights / judgments

  • Erstellt am 2019-11-08 09:57:14

Rosmarin

2019-11-08 12:04:06
  • #1
Thank you for the answers.

Perhaps for clarification: The private road is the path marked with green arrows, which also includes the courtyard area. The private road and courtyard area are owned in equal shares by 3 parties. There is an access possibility to the property on which the apartment building is to be built (yellow on the plan). So the property with the private road is connected to the public road with an existing driveway. (This would be acceptable for the 3 parties.)

But then driving over the entire courtyard area (orange) to reach the garage entrance and parking spaces is what we are upset about.
 

HWTIGGER

2019-11-08 12:50:19
  • #2
There is access to the property via the path, so an additional access via the courtyard area is not necessary. It is all a matter of planning by the WBG. And one can hardly derive an emergency from faulty planning. I would make an appointment with the building authority, ask whether there is already a plan and building application, and make your position clear.
 

Zaba12

2019-11-08 12:52:11
  • #3
Oh ok, first clarify what is a private road and what is the courtyard entrance (legal differences). You can't really tell from the pictures above (at least I didn't recognize it immediately). Now it looks different to me as a layman. Access via private road yes, access via own courtyard no. That wouldn't stand any emergency access rights. Because there is access via the private road. Where would we end up if my neighbor permanently ran down the slope across my property just because he doesn't want to go around it! In other words, immediately contact the building authority, explain the situation, and that's that! Is this already concrete and have you seen the submission plan or is it just hearsay?
 

Rosmarin

2019-11-08 13:13:16
  • #4
Private path and courtyard area are one parcel.

My primary concern is that the existing direct path to the current driveway onto the WBG property should be eliminated and instead our entire courtyard area should be used.

The building authority will therefore be the next point of contact. Thank you very much.

I have seen the drafts; conversations are apparently to follow in the coming weeks.
As mentioned, no request regarding the right of way by necessity yet.
One party has not even been informed about the planning.

I will keep you updated.
 

Altai

2019-11-08 13:27:53
  • #5
We ask for that. I find it absolutely cheeky; if I already bother the neighbors... then to also create maximum convenience at their expense! If you can charge for this emergency right of way... who sets the amount? You can make the orange variant extremely unpleasant.
 

Rosmarin

2019-11-08 13:34:51
  • #6
Now, that is exactly one of the points. Maintenance, winter service, and a pension because of the emergency access. However, how this is determined is nowhere defined and will be decided by the court in the event of a dispute and a lawsuit regarding the emergency access right. As far as I know. I honestly do not expect anything that would even remotely compensate for the interventions.
 

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