Private road - what can you expect there?

  • Erstellt am 2023-04-19 23:12:19

KarstenausNRW

2023-04-21 08:48:42
  • #1

Development = securing through a building encumbrance
Building encumbrance ≠ actual usability
Easement = actual usability

So, briefly summarized. If you get development access over someone else’s property, the building encumbrance is sufficient for the building permit/use. Without an easement, however, a wall can stand on the other person’s property and explicitly forbid you from coming to the house. Cool, right?
It’s not as simple as you write. There is no compulsory registration of a right of way.
 

andimann

2023-04-21 08:50:10
  • #2
Hi, I was just curious and looked it up. It seems pretty strange to me, especially the part about blocking the street with concrete rings. However, that should be very easy to fix, because it blocks the only fire and emergency lane....

But it's true, before putting yourself through the hassle, you should probably just buy the street yourself.

Best regards, Andreas
 

guckuck2

2023-04-21 11:11:31
  • #3


I gladly admit that I do not fully know all possible constellations.

However, I can also report from first hand that neighbor A successfully had a right of way registered over neighbor B’s property for a plot located behind his own property (complicated situation due to the slope, etc.) in order to make the aforementioned property usable. Neighbor B had to accept this because a path over neighbor A was not possible (the entire width of neighbor A’s property was built on, unlike neighbor B’s).
 

KarstenausNRW

2023-04-21 11:30:35
  • #4
These are individual cases, some of which have to be litigated up to higher regional courts. Otherwise, my statement applies. You can also read about it well online at various law firms. They can explain it better than I can.
 

Scout**

2023-04-22 14:12:08
  • #5
In, for example, the Bavarian State Building Code, a distance of 50 m between a building and a public traffic area is sufficient for the public area to serve as an adequate staging area. Within these 50 m, 6 to 7 terraced houses or 3 detached single-family houses can easily fit. And a legally enforced emergency path right always applies only to pedestrians, never to motor vehicles! For extensions/conversions/garden work/freight deliveries, everything then has to be done by wheelbarrow or carried by hand, possibly over a meadow or mud. That's all an emergency path right actually allows.
 

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