Right of way

  • Erstellt am 2011-05-16 21:23:46

insgruene

2011-05-16 21:23:46
  • #1
Hello, it's me again :-)

The plot of land I would like to buy is connected to the street by a right of way.

Today I learned that there were massive disputes here, but the right of way has now been registered. To me, this sounds like an inheritance dispute.

Let's assume the worst case and the neighbor wants to annoy the people who will build and live there later.

What could I do if this path is blocked? I could have the cars towed, but I would have to pay for it myself at first because it is private property, right?

Thank you very much
insgruene
 

perlenmann

2011-05-17 08:28:12
  • #2
Hello,

I suppose you mean you can only reach your property through a neighboring property? Conversely, I have a garage on my property, if the bad neighbor stands on the street in front of the garage, it comes out the same. You always have to pay the towing costs, then you can claim them back.
 

insgruene

2011-05-17 19:41:14
  • #3
Yes, you're right. And I'm not the only one building new here who has to use this right of way, so in that sense, the shared suffering with the evil neighbor is shared suffering :-)
 

ankemonika

2011-09-04 11:13:22
  • #4
Hello, I have the same issue. Uncertainties with the right of way. The seller tells me everything is settled,... but he also wants to sell :-) The neighbor says that if I want to access my property, I should give him another part of my property for it, and he would have the right to demand that, or he would simply fence off my driveway and I could fly onto my property... Have you already found out more basic information about [Wegerecht]?
 

MisterL

2011-09-13 09:12:12
  • #5
Hi,
it's not as simple as your neighbor imagines, just fencing it in and the matter is settled unfortunately or fortunately it's not that easy.
1. It's best to always check the land register Section 2, there it will state whether there is a right of way or not
2. It may also be that nothing is stated, then the Building Code still applies, because there is the so-called emergency right of way, meaning it must be ensured that every person can access their property. Well, but that's getting too theoretical again.

Recommendation:
Clarify it with the seller and have a copy of the deed for the right of way given to you, then you will be on the safe side. I wouldn't even start with transferring strips of land.

Best regards
 

ankemonika

2011-09-16 13:41:33
  • #6
:) Thanks for the answer!
 

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