BGH to “emergency path right”
Does your house have no street access? Then use the neighboring access
What you do on your property is your business: The Federal Court of Justice allows tenants to use the neighboring driveway to park – if your house has no street access.
Neighbors of a house without their own access to the street must allow the residents living there to drive over their property to park at home. This was decided by the Federal Court of Justice (BGH) in Karlsruhe in a case from Schleswig-Holstein. It was about a semi -detached house on a so -called prisoner.
Neighboring drive for house without road access
The property was originally only built on with a house. Then it was shared. A double house was built in the second row on the back half, which itself has no access to the street. The neighbors on the front property accept an emergency right. This means that the residents of one of the semi -detached house halves are allowed to drive over the property to reach their own property by car.
However, they did not want to allow the residents to drive there to park on their own back property. They moved to court and complained against the owners who rented their semi -detached house.
The district court of Kiel largely dismissed the lawsuit. The Schleswig Higher Regional Court, however, agreed with the plaintiffs. These would only have to tolerate the use of their property as far as it was necessary to create a connection to the street to the rear property. Parking is not part of it – if the rear neighbors should also drive over the property to park, it would be significantly more trips.
Emergency right also includes access to parking
The owners of the semi -detached house turned to the BGH, which saw the matter differently than the Higher Regional Court. He decided that emergency rights also included access to the purpose of parking. It does not matter why the residents of the semi -detached house drive to their property by car.
As soon as you reach your own property, you can use it at will – and therefore also park your car there. This applies to tenants as well as to the owners themselves.
The BGH raised the judgment from Schleswig, insofar as it was disadvantageous to the owners of the semi -detached house. The judgment of the Kiel Regional Court was restored.
AFP
nik
Source: Stern
I’m a recent graduate of the University of Missouri with a degree in journalism. I started working as a news reporter for 24 Hours World about two years ago, and I’ve been writing articles ever since. My main focus is automotive news, but I’ve also written about politics, lifestyle, and entertainment.
