Shoveling snow in winter on property (still undeveloped)

  • Erstellt am 2016-01-21 17:37:00

hausflat

2016-01-26 09:56:21
  • #1
Yes, the right of passage is associated with all rights and obligations. The maintenance costs are split equally with the front property. It is not about the access to the rear property for me, but about the sidewalk in front along the street.

And yes, I do not want to refer to any laws in the conversation with the front owner, but I am simply interested in what the legislator has provided for and whether there is a regulation. In practice, I have no objection to clearing the sidewalk along the street either; one simply coordinates with the front owner. The snow days are manageable here in the region anyway.
 

HilfeHilfe

2016-01-26 11:20:10
  • #2
You will definitely hear different opinions from the lawyers as well. I would share the responsibility or address it. If something happens and the insurance has to pay, a third party comes into play that has an interest in shifting the blame.

That would be too "hot" for me at this point. The sidewalk borders this crossing street, right?
 

EveundGerd

2016-01-26 13:42:14
  • #3
We are located on a private road. No right of way has been granted to others for the road. However, since many people do not care (reading signs is really hard ;) ) and still drive through to save about 1 km, the municipality takes over the clearing and maintenance. The school bus as well as the municipal workers use the path several times daily. Nevertheless, additional signs have been put up for us: Closed in case of snow and ice.
 

hausflat

2016-01-26 14:06:31
  • #4
We will definitely coordinate with the owner of the front property. As I said, I was only interested in the legal situation, something like that must be regulated in Germany. :D For clarification, attached is the property division. We are residential house 2 and the yellow area is our driveway, for which a right of way exists.
 

Komposthaufen

2016-01-26 14:53:21
  • #5
Ah. I had misunderstood you above. So it’s about the public sidewalk. A brief research showed that there are – at least for Berlin – conflicting information and assessments on this. The Association of Home and Property Owners Berlin-Brandenburg writes on its homepage:

"No winter service for rear tenants!
The obligation to clear snow, to spread abrasion-resistant material on snow and ice, as well as the removal of black ice on sidewalks applies only to the direct, immediate street residents. The rear tenants, who have a pedestrian, driving, and utility right as an easement or a comparable building load over the adjacent property, have no legal obligation for winter service on the street according to the Road Cleaning Act for Berlin."

The Berlin-Lichtenberg district office apparently takes a different view and considers, in addition to the residents, the holders of another real right recorded in the land register, such as “pedestrian, driving, and utility right”, liable for winter service.

So as always: two lawyers, three opinions :)
It seems to be generally regulated in the respective road cleaning laws of the states.

Greetings.

p.s. We are building on a property by the street and have a neighbor (“rear tenant”) with pedestrian, driving, and utility rights over our property. Because we are not regularly on site this winter, we have commissioned a service provider with the winter service.
 

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