Rights on a private road with a turning loop

  • Erstellt am 2023-12-16 18:46:23

Privatstraße

2023-12-16 18:46:23
  • #1
Hello house building forum,

unfortunately, I could not find much information on the following topic.
The topic is probably quite specific and concerns only a few people. But maybe there are some good hints here.

We have the opportunity to buy a private road that is directly in front of our property. The private road is a traffic area and connects about ten houses with the public road. The private road is about 5 m wide and serves as a pedestrian and driveway, fire department access, and for the corresponding supply and disposal lines.
This is also secured by a registered easement.

Directly in front of our property there is a turning loop, which is currently used by neighbors as a parking lot. This issue has been bothering us for quite a while because some neighbors think they are allowed to park in front of our driveway. The turning loop (in addition to the path, about 120m²) actually touches only our property; the other houses are either further up on the private road or on the opposite side. That is why the idea was to buy the private road. The purchase price is already known and would fit into the budget. For comparison: the purchase price for the private road corresponds to about 10 m² of building land.
Simply put, we could expand our property by about 120m² for the price of 10m² of building land, provided the turning loop could only be used by us.

What rights would we have if the private road belonged to us? It is mainly about the turning loop that is in front of our property. How much space would the fire department need? (Currently, the turning loop is not used for turning. The garbage collection, for example, reverses onto the private road). The residents could easily drive through with their cars and park on their respective properties. However, some neighbors have 3-4 cars and take the liberty of parking their cars on the turning loop because they have lived there for a long time...
Could we easily inform the neighbors that no one is allowed to park on the private road anymore, only we and our visitors?
Would we be allowed to build a carport on the turning loop? Plant a hedge? A garage is probably not allowed? What does the jurisdiction say about this?
The turning loop would of course be a huge benefit for us if we could make use of it.
If we could not use the turning loop, buying it would only make limited sense, since a private road also entails several obligations...

What do you think?

Thank you very much for your feedback!
 

kbt09

2023-12-16 18:49:39
  • #2
What exactly is registered? And, a sketch of the location and situation says more than 1000 words. You know the situation, we don't.
 

hanghaus2023

2023-12-18 10:53:38
  • #3
What exactly is stated in the neighbors' contracts? Do they only have a right of way?

If you buy, in my opinion all contractual obligations remain the same.
 

mayglow

2023-12-19 11:37:04
  • #4

I don’t know the legal situation, but I assume that if it also serves as a traffic area, then it cannot be permanently built over. No idea how a fundamental change of use works, but just because it’s your property, you probably can’t handle it however you want. (I guess banning parking might be possible if it’s not officially designated as a parking area in any plan... but how the rights look to enforce that and whether one wants to bother with it, I don’t know. (e.g. I suspect that if you regularly have neighbors’ cars towed, you won’t be the most popular neighbor))

Otherwise, I also have some trouble picturing the situation. Is this turning loop somewhere in the middle of the street (because you said cars can drive through) or is it right at the end and then nothing comes after?

For us, there are also building encumbrances registered on the private road for traffic areas for the fire department, maybe you can also look that up to see how it looks specifically for this section?
 

RomeoZwo

2023-12-19 13:47:19
  • #5
A cadastral map and information about the designation of the street would be helpful. Likewise, entries about rights of way in the land register.

If there is:
- no public designation
- no rights of way or usage rights registered
- no emergency right of way for other residents
the installation of obstacles to prevent driving through (e.g., posts with an opening possibility for the fire department) could be permissible.

P.S. Even if there is a right of way, this is not a parking right. Since blocking may then not be permitted, enforcing it will be rather difficult. The tow truck driver wants to be paid by the client first.
 

Costruttrice

2023-12-19 13:49:32
  • #6
Months ago, the sale of a private road and what the owner demands from the residents went through the media. I think it was about parking or fees and road closure. Just google "Siebenpfeiferstraße in Zweibrücken." Friends certainly did not make themselves popular with the buyers of the private road with their actions, as far as I remember.

If people park in front of your driveway, I would be annoyed too, if I were you, and I would probably consider buying the road. But you also have to think about the consequences; the others evidently feel justified, and then you come along… You would have to clarify the development with the building authority; that is hard to assess without knowing the circumstances.
 

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