Property without access: emergency right of way over the neighbor

If your property lacks the necessary connection to a public road, you can under certain conditions demand that the neighbor tolerate the use of their property as an access route (emergency right of way). In return, the neighbor is entitled to compensation (an emergency-way rent).

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Your chances of getting your money back

If the connection to the public path necessary for proper use is lacking, the neighbor may be obliged to tolerate an emergency way (§ 917 BGB). In this way your property becomes usable.

For tolerating the emergency way, the affected neighbor is entitled to a monetary rent (emergency-way rent) as compensation. The emergency way is to be limited to what is necessary.

What you should do now

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1. Check the emergency situation
Clarify whether your property lacks the necessary connection to the public road, this is the basic prerequisite.
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2. Determine the emergency way
The emergency way should burden the neighbor as little as possible and be limited to what is necessary.
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3. Clarify with the neighbor
Propose an amicable arrangement including compensation; this avoids court proceedings.
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4. Enforce the claim
If the neighbor wrongfully refuses to tolerate it, the emergency right of way can be enforced in court.

How to spot the scam

There is no access of your own and the neighbor refuses any toleration.
An existing connection was subsequently cut off.
There is a dispute over the amount of the compensation.

Frequently asked questions

What is an emergency right of way?

The right to use the neighboring property as an access route when your own property lacks the necessary connection to a public road (§ 917 BGB). The neighbor must tolerate the emergency way insofar as this is required for proper use.

Do I have to pay the neighbor something?

Yes. For tolerating the emergency way, the affected neighbor is entitled to compensation in the form of a monetary rent (emergency-way rent). The emergency way is to be limited to the necessary extent.

What if the neighbor refuses?

If the prerequisites are met, you can enforce the emergency right of way in court if necessary. But first try an amicable solution with fair compensation, this is faster and cheaper.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.