Neighbor Laws and Construction, public/emergency access

8 posts in this topic

Hessen, Taunus area, house renter. 

There are 2 homes being built on my neighbor plot. They want to tear up the ONLY access road to my home. What are the Neighbor Laws regarding emergency vehicle access? What are my rights as a tenant who moved in before the construction and will now not have any access to my home, school bus stop, mail delivery, and garbage pick up? My local Meiterbund is not returning calls or emails (perhaps office closed due to coronavirus?). 

It is not good enough to get a rent reduction. Surely, I must have rights to access my own home daily. Furthermore, it is a concern and a safety issue if emergency vehicles cannot get up the road to my home. 

Thank you for your advice! 

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didn't you post about this already in another thread?

 

did you talk to the mieterverein as was suggested in that other thread?

 

eta:  sorry I missed the part about the mieterverein in this post.

 

If you have ADAC membership you could contact their legal help line.  Alternately there are online tenant orgs - I think the mieterbund site offers answers to specific questions for 30 euros each 

 

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I did post this before but was hoping to get more feedback. Imagine being a new expat in Germany and not being able to get any support or help. The Mieterbund/Mieterverein is totally unresponsive and has not returned phone calls or emails for a few weeks now. 

 

My landlord and I are in constant contact and she is trying to get answers from the town, but unfortunately with no results. She is trying to figure out all of our rights in response to new construction. 

 

Thanks for your responses. I was hoping I could get some legal advice or feedback on German Neighbor law and Emergency Route Laws. Looks like it is time to hire a lawyer. :(

 

 

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1 hour ago, Fiveexpats said:

I did post this before but was hoping to get more feedback. Imagine being a new expat in Germany and not being able to get any support or help.

 

Although there are often many people available to provide an uniformed opinion, only very few are willing and able to research (and understand the search results) in order to offer accurate advice in cases such as yours.

 

1 hour ago, Fiveexpats said:

My landlord and I are in constant contact and she is trying to get answers from the town, but unfortunately with no results. She is trying to figure out all of our rights in response to new construction. 

 

Keep in mind that many government departments are running on a skeleton staff and although the problem is understandably important to you, there are many more pressing problems for your municipality to solve at the moment.

 

 

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I would think the property you live in must have a right of way on the road even if it is a private road. So whilst the road may need to be torn up whether by the developers of neighbouring plot our the city they must surely allow some form of access even if restricted. Have you or your landlord received details of what is planned?

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On 3/25/2020, 5:58:58, keith2011 said:

I would think the property you live in must have a right of way on the road even if it is a private road. So whilst the road may need to be torn up whether by the developers of neighbouring plot our the city they must surely allow some form of access even if restricted. Have you or your landlord received details of what is planned?

We haven't received anything in writing from the town, nor has my landlord. My landlord is pushing though and is not letting this settle, thankfully.  I assume they would have to give some sort of notice (i hope written) before starting so we aren't landlocked with our cars and access. 

 

Following a brief interaction with the construction owner, he thinks it's no big deal that we just have to park on another street (which we'll need to get permission to do since it is private) and walk across a field. We're not lazy or unreasonable to deal with minor inconveniences, but this is absurd. We have a 2 car garage and a large driveway which certainly ties into the high rent. Why would we be expected to park and walk 10 minutes across a privately owned field that is often not even mowed? And this doesn't account for mail delivery and trash pickup. Sorry to vent.

 

Thank you all for you input. It's been helpful in the brainstorming and reasoning. 

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