Hammer plot with path

Hello everyone,

I hope I am in the right place with my topic.

We are in the process of acquiring a so-called hammer-shaped property. Attached to this property is the access road along which four houses are located and which also have right of way there.

Now we have the problem that from the "main street" to our property water and gas need to be connected, as the supply to the other houses located under this access road is no longer sufficient for our property. The connection path would be about 15m.

Now the questions about this:
If we develop our property and the access road has to be opened up there, are we obliged to allow the owners with right of way to get to their houses or is it reasonable that they also park on the main street during the construction period?
What options are there here?

I hope this is somewhat understandable.

Thank you in advance.

Best regards AnniEssi

is it reasonable

That depends on the exact circumstances. If the access path is 2.50m wide and a one-meter-wide trench needs to be dug, there is probably no other option than to temporarily close the path. If there is another option, the question of reasonableness for you arises. Additional costs are usually reasonable, but again, this depends on the individual case. The sum of the inconveniences must be weighed against each other, and with four residents, that amounts to quite a lot.

Thank you for your quick response. We are aware of the additional costs. This was also taken into account afterwards in the purchase price.

I would estimate the access path to be 4.5 m. According to the plan, however, it must be excavated approximately in the middle.

Maybe I’ll ask the question a bit differently… Are we obliged as future owners, when developing the property, to give the owners of the surrounding houses with [Wegerecht] the possibility to drive to their house by car?

Are we as future owners obliged, upon development of the property, to give the owners of the surrounding houses with right of way the possibility to reach their houses by car?

First of all, the exact wording of the right of way must be determined. Often there are extensive agreements in the registration approval. If an unrestricted right for vehicles of all kinds exists, the owner is obliged to maintain this right with all means at his disposal. The answer to the above question would then be: yes.

According to the plan, however, the excavation must be done approximately in the middle.

Who made the plan? How is the "must" to be understood? What compels exactly this procedure? Are there alternatives? If yes, all advantages and disadvantages of all variants should be listed and assessed. If (initially all parties involved, in the worst case a court) come to the conclusion that there is no alternative reasonable for the owner, the neighbors must temporarily waive their right. Any demonstrable and quantifiable damages resulting from this (I wouldn’t know how they could look like) must be compensated by the party causing the disturbance. So much for the theory: in practice, one rings the doorbell (with a witness) of all neighbors, explains what must be done, asks for understanding, and starts four weeks later. Skeptical people inform in writing and have the acknowledgment of receipt confirmed in writing.

Announce it in good time. The construction crew should lay a steel plate over the trench every day so that it is passable after work hours. And then it will be fine. I know exactly the same situation from the other perspective. Asking beforehand makes the difference. In our case, the neighbor's trench came without notice and we needed the access for the moving truck. That causes unnecessary stress for both sides.

In practice, this can be solved by covering the trench with steel plates after the working day so that the neighbors can access their houses. Work can be done and the house can be reached - just not at the same time. With a bit of communication, this should not be a problem, legally not at all.