Right of way
August 16, 2009 | 30,00 EUR | answered by Andreas Scholz
I have a right of way registered in the land register for pedestrian and vehicular traffic over the neighboring property. The width of the driveway, which is perpendicular to the parking space on my property, is only 2.30 meters wide. The parking space width is 3.20 meters. I can only access my parking space with my car through complicated maneuvering. The driveway on the neighboring property is so narrow due to hedges and fences. With the goodwill of the owner, it could be widened. Do I have a right to a minimum width of the driveway? For example, according to the garage regulations of North Rhine-Westphalia, in which access roads to parking spaces are treated similarly to garage entrances.
Dear questioner,
The Garage Regulation is a building regulation that generally does not have a protective effect for neighbors. Therefore, you will not be able to claim against the property owner for widening the driveway registered in the land register.
The width of your right of way was determined in the zoning plan applicable to you, at the expense of the serving property, § 9 para. 1 no. 21 BauGB. Therefore, your claim only extends to the width set out there and registered in the land register.
The only option I see for you is to reach an agreement with your neighbor to expand the pedestrian and driving right spatially. This would require notarial certification.
I hope I could provide you with a first legal orientation. If you have any questions, please feel free to ask.
Best regards,
Andreas Scholz, attorney
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