Rights on a private road with a turning loop

  • Erstellt am 2023-12-16 18:46:23

evelinoz

2023-12-20 14:15:25
  • #1
I agree with Yvonne. These private roads are very common in England in the residential areas of the wealthy for various reasons. The residents of the street(s) form a registered owners' association like with condominiums. Everyone is responsible for the condition of the road, what is allowed and what is not allowed. By condition I mean that trees have to be pruned if they overhang, front gardens have to be maintained, etc. For example, in a case I know, parking a motorhome/caravan on the street was not allowed. But no one is the sole owner of the street, that only causes trouble. I would not want to live there "tolerated" if the street belonged to only one person.
 

Privatstraße

2023-12-20 18:50:43
  • #2
Hello everyone,

thank you very much for the numerous responses. As already assumed, it seems to be a difficult topic and probably not so easy to answer with a simple yes or no. I will try to make a simplified sketch when I get the chance.

Probably only a lawyer who can review the complete circumstances can really help.

Regarding the sale of the property – this is definitely a very important point that I forgot to mention – the property has just become available. If we don’t buy it, someone else will – maybe even with completely different intentions – as the example from Zweibrücken shows.

For me, the bigger question is why the city does not act as the owner of such a street. From my point of view, disputes are preprogrammed.

There is actually hardly anything in the land register. Only "traffic area" and in section II "easement (right of way) from the 1930s" and then the listing of the individual properties for which the right of way applies.

It is of course true that you don’t make friends with the neighbors, but every now and then we are blocked in and then we don’t have a clear path to our driveway. The other driveways are not blocked because the turning loop isn’t there... At least it seems that the neighbors don’t particularly care about our friendship either....

Is it possible to buy the property and sell it to the city with a right of first refusal in case of resale? This would definitely avoid an investor buying up the private street.

How would you act in such a situation, if it is clear that the property will change ownership?
 

RomeoZwo

2023-12-20 21:18:48
  • #3
Who owns the street when it is now "free"?

I once had the situation where an access road to 4 properties belonged to the city and one of the residents wanted to buy it. The city then wrote to all 4 and offered them the joint purchase. Two of the 4 residents declined and pointed out the easement by necessity arising from the sale to the city. The sale was therefore off the table.
 

ypg

2023-12-20 22:41:57
  • #4

Why should the city be interested? As already said: ownership entails obligations, and obligations cost money.

Man, this reflection runs like a common thread throughout the thread. This "nobody loves me, and everyone is annoying me" mood should honestly also be reflected from the opposite perspective. It might help to introduce yourself to the others at a small garden party. A New Year's Eve event could clear up a lot of prejudices.
 

WilderSueden

2023-12-21 08:54:52
  • #5
Buy it with the neighbors as a homeowners' association. The city usually has little interest in taking over an old street and renovating it at great expense in a few years. As an individual resident, you don't have that interest either. Not to mention the obligations that come with it, such as winter maintenance. Your plan with a carport on the street will not work.
 

jens.knoedel

2023-12-21 10:27:19
  • #6

Then the ownership structure is totally irrelevant if your property is the dominant property (this also applies to all other owners).

Other intentions are then not feasible. Zweibrücken does not apply to you.

So the only remaining question is the use of the turning area. And for that, only a photo/sketch will help. What is actually the public designation of the street – that is, how is it properly classified?
 

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