Driving Your Car Home Through Your Neighbor's Driveway: A German Court Ruling
If your residence lacks street access, utilize the adjoining neighbor's driveway instead. - House lacks direct vehicle route for approaching.
Want to park your car at your house without a street entrance? Your neighbor might have to let you! The Federal Court of Justice (BGH) in Karlsruhe recently deemed that neighbors of a house without direct street access must grant permission for residents to drive over their property for parking purposes, under certain circumstances.
The Disputed Semi-Detached House
The case began with a semi-detached house on a property with no direct street access. The home was originally a single-house property, later divided into two halves. The semi-detached house on the rear half did not have street access. Although neighbors on the front property allowed residents access to drive over their property to reach the house, they refused to grant permission for parking on their own rear property.
The owners of the semi-detached half, who were renting it out, were taken to court over the matter. The Kiel Regional Court mostly dismissed the lawsuit, but the Higher Regional Court in Schleswig ruled in favor of the plaintiffs. The neighbors argued that they were only obligated to tolerate use of their property for street access—not parking purposes.
The Courts Reach Different Decisions
The owners of the semi-detached house appealed the ruling to the BGH, who held a different perspective. In their ruling, the BGH stated that the "Right of Necessity" includes access for parking purposes. The court believed that residents of the house had the right to drive their cars to their property and park there for any reason.
The BGH overturned the Schleswig ruling, reinstating the Kiel Regional Court's decision – to the disadvantage of the semi-detached house owners.
- Federal Court of Justice
Court Decisions
While the "Right of Necessity" (Notrecht) in German law refers to actions necessary to prevent greater harm or fulfill vital needs, it does not traditionally include parking access for homes without street access. The concept of access to properties is usually addressed through rights of way (Servituten), not the "Right of Necessity."
However, the specific legal arrangements (property deeds, local regulations, or contractual agreements) between property owners would determine the possibilities for access in such situations. In this specific case, it remains unclear whether the property deeds or contractual agreement stipulated a right of way for parking on the neighbor's property.
- The Federal Court of Justice (BGH) in Karlsruhe ruled that the semi-detached house owners, despite being refused permission for parking on their neighbor's rear property, have the right to drive their cars onto their property for parking purposes, based on the "Right of Necessity."
- The dispute over the semi-detached house's lack of street access led to a series of court rulings, including one from the Schleswig Higher Regional Court in favor of the owners, but was later overturned by the BGH, due to the absence of clear rights of way for parking in the property deeds or contractual agreements.
- The Schleswig neighbors, who granted access for street access but opposed parking on their property, argued that they were only obligated to tolerate the former, not the latter, a position that was not supported by the BGH's ruling on the case.
