Can my neighbor prevent me from parking on his property?
August 15, 2022 | 50,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am reaching out to you with a question regarding neighborhood law. My name is Dietrich Krebs and I am concerned about a current situation with my neighbor. Some time ago, I noticed that my neighbor is prohibiting me from parking on his property. This is causing problems as my property does not offer adequate parking space and I rely on my neighbor's property for parking.
The current situation is that my neighbor regularly prevents me from parking on his property. This leads to conflicts and inconveniences as I do not have any other parking options in close proximity. I am worried that this situation could escalate and I am wondering if my neighbor has the right to prevent me from parking on his property.
I would like to know from you what legal options I have to resolve this issue. Are there any laws or regulations that protect my right to park on my neighbor's property? Are there legal steps I can take to enforce my rights and avoid conflicts with my neighbor?
I thank you in advance for your help and support on this matter.
Sincerely,
Dietrich Krebs
Dear Mr. Krebs,
Thank you for your inquiry regarding neighborhood law. I am sorry to hear that you are having issues with your neighbor who is prohibiting you from parking on his property. This situation can indeed lead to conflicts and inconvenience, especially if you have no other parking options nearby. I would like to provide you with some legal information and options to help you resolve this problem.
First and foremost, it is important to know that neighborhood law in Germany is regulated by the Civil Code (BGB). In the specific case of parking on your neighbor's property, section 910 BGB is particularly relevant. This section states that a neighbor can generally prohibit entry onto his property. However, there are exceptions that could be relevant in your case.
One possible exception is if you have a right of way (also known as a right of passage) registered in the land register. In such a case, you have the right to use your neighbor's property to access your own property. If this is the case, your neighbor cannot simply prevent you from parking on his property.
Another way to enforce your right to park on your neighbor's property would be to reach an agreement for use in exchange for payment or to agree to a lease for a parking space. This could help avoid conflicts and find a permanent solution to the parking issue.
If all efforts to reach an agreement with your neighbor fail, you may also consider taking legal action. In such a case, I recommend seeking the advice of a lawyer to assess your legal options and potentially initiate legal proceedings.
Please note that the specific circumstances of each case are crucial, and individual advice from a lawyer may be necessary. I hope this information is helpful to you and wish you success in resolving your issue.
Sincerely,
Oliver Ratzberg, Attorney
