My neighbor constantly parks his car in front of my driveway. What can I do about it?
February 2, 2023 | 50,00 EUR | answered by Nina König
Dear lawyer,
I am contacting you because I have a problem with my neighbor who constantly parks his car in front of my driveway. This often prevents me from being able to drive into my garage and causes me to lose time. Unfortunately, my neighbor does not respond to my request to park his car elsewhere, and I am slowly running out of ideas on how to proceed.
The situation is very frustrating for me, as I rely on my car and it is annoying to have to argue with my neighbor about the parking space every time. I have already tried talking to him, but he does not show any understanding and continues to park in front of my driveway.
I am concerned that the situation could worsen and lead to a dispute between me and my neighbor. Therefore, I would like to know what legal options I have to address my neighbor's parking in front of my driveway. Are there any laws that prohibit him from parking in front of my driveway? How can I enforce my right to access my garage freely?
I would greatly appreciate it if you could assist me in this matter and provide possible solutions. Thank you in advance for your support.
Sincerely,
Daniel Köhler
Dear Mr. Köhler,
I understand that the situation with your neighbor is very stressful for you and that it is important to find a solution to enforce your right to unobstructed access to your garage.
With regard to parking in front of your driveway, there are indeed legal regulations that your neighbor must adhere to. In Germany, parking in front of a driveway is generally prohibited and constitutes a violation of § 12 Abs. 3 StVO (Road Traffic Regulations). It is therefore forbidden to park so close to a property entrance that it is obstructed or blocked. Your neighbor is therefore violating the law by parking his car in front of your driveway.
As a first step, I recommend that you inform your neighbor in writing about the problem and politely but firmly ask him not to park his car in front of your driveway anymore. You can also point out the legal regulation to him and set a deadline for him to change his behavior.
If your neighbor continues to be uncooperative and does not change his behavior, you have the option to take legal action. In such a case, you can file a cease and desist lawsuit against your neighbor to legally obligate him to refrain from parking in front of your driveway. It is advisable to consult a lawyer specializing in neighborhood law to assist you in this process.
It is important that you take action to protect your rights and avoid escalation of the situation. I hope that this information is helpful to you and that you can find a suitable solution to your problem.
Best regards,
Nina König
