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Emergency

Right of way over the neighboring property: rights and duties

A right of way permits the use of another's property for a specific purpose, usually as an access road or entry. If it is registered as an easement in the land register, it is permanently secured. Disputes often arise over the scope of use and over who maintains the path.

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A right of way registered in the land register as an easement (§ 1018 BGB) entitles the holder to use it within the established scope. It remains in place even when the owner changes.
The entitled party may use the path within the agreed scope; the owner may not obstruct the use. Clear rules can be established regarding upkeep, in case of doubt the costs are borne by whoever uses the path.

What you should do now

  1. 1

    1. Check the land register

    Clarify whether the right of way is registered as an easement and what scope it has.

  2. 2

    2. Clarify the scope

    Determine what the path may be used for (footpath, access road, commercial use), this limits the use.

  3. 3

    3. Settle the upkeep

    Agree who keeps the path in good condition and bears the costs. A written arrangement prevents disputes.

  4. 4

    4. Act in case of obstruction

    If the use is blocked or exceeded, demand in writing that the right of way be observed.

How to spot the scam

  • The owner blocks or narrows the path.
  • The use goes beyond the registered purpose.
  • There is no arrangement as to who maintains the path.

Frequently asked questions

What is a right of way?

The right to use another's property for a specific purpose, such as an access road or entry. If it is registered as an easement in the land register (§ 1018 BGB), it is permanently secured and continues to exist even when the owner changes.

Who must keep the path in good condition?

That depends on the agreement. If there is no arrangement, the upkeep costs are as a rule borne by the person who uses the path (the entitled party), insofar as the use requires the upkeep. A clear written agreement is advisable.

May the owner restrict the right of way?

No, the owner may not obstruct the exercise of the registered right of way or block the path. Conversely, the entitled party may use the path only within the established scope and purpose, not beyond it.

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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.