Common ownership of a private road
August 10, 2010 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I am a 1/12 co-owner of a road in a weekend area. This co-ownership is registered in the land register, each co-owner has the same voting share of 1/12, regardless of the size of the property.
Now, some co-owners (who exactly, I do not know) have decided to put up a sign at the beginning of this road (prohibiting the entry of vehicles of all kinds), in accordance with the Road Traffic Act, a red circle with a white field and the inscription in this field "Private Road". This sign is placed on the left side of the road and also at a right angle to the road, attached to the fence of the first property at chest height, without an arrow or written indication of the direction of validity!! One could even say that the area of effectiveness of this sign only begins on the property of the respective owner.
Furthermore, this private road can be accessed by a detour via a public road from the other side without such a sign.
I myself was neither asked nor informed that co-owners want such a sign; therefore, I did not participate in a vote on such a sign. In a possible vote, I would also vote "no", as I find the whole thing to be exaggerated. I believe it is more important to point out that a private road begins here and to issue a disclaimer.
My questions are:
Can such a measure be decided by a simple majority, or is unanimity required for this?
Does this - in my opinion - incorrectly and unlawfully placed sign have any legal significance at all?
What measures can I take to have this sign forcibly removed if a clarifying conversation, which I plan for the weekend, remains unsuccessful?
Dear Seeker of Advice,
Thank you for your inquiry, which I would like to answer as follows:
1.) Can such a measure be decided by a simple majority, or is unanimity required?
A simple majority is sufficient for such a measure. This is because it does not concern a decision that affects the existence of the road, such as a chargeable expansion or sale of the road. Therefore, if a simple majority (a majority vote) is present, the majority decision is valid.
2.) Does this - in my opinion - incorrectly and unlawfully placed sign have any legal significance?
The sign initially serves as an indication that it is a private road. Legally, the sign has the effect that outsiders are not allowed to drive on the road. Essentially, a preventive ban or prohibition of entry has been issued, which is permissible. This does not apply to co-owners of a road, even if it is not explicitly stated on the sign.
3.) What measures can I take to have this sign forcibly removed if a clarifying conversation, which I plan for the weekend, remains unsuccessful?
Forcible measures can only be taken if the majority of co-owners agree, which I unfortunately cannot see from your description. Therefore, your only option is to appeal to the reason of the other co-owners in advance and perhaps persuade them to reconsider.
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a full evaluation of the circumstances. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope that my explanations have been helpful to you. You are welcome to contact me via my email address or the follow-up option.
I wish you a pleasant Tuesday evening.
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
