Right of conduit (wayleave)

Right of Way - A right of way is an easement (Section 1018 of the German Civil Code) that allows the holder to route utility lines (water, sewer, electricity, gas, telecommunications) across another person’s property. The right of way is entered in the land register of the encumbered property and remains in effect even if the ownership changes. It is one of the most common rights in rem in practice and plays a central role, particularly for properties located behind others.

Legal Basis and Creation

A right of way can be created in various ways:

• Contractual Agreement: The owners of the encumbered and the beneficiary properties enter into a notarized contract, which is entered in the land register as an easement
• Building encumbrance (under public law): The owner of the encumbered property declares to the building authority that they consent to the routing of the lines - this is entered in the building encumbrance register (in Bavaria: does not exist; instead, an easement is used)
• Statutory right of way: The Telecommunications Act (TKG) and the Energy Industry Act (EnWG) establish, under certain conditions, a right of way in favor of utility companies even without the owner’s consent
• Right of way analogous to a right of way: If a property would be unbuildable without a utility connection, a right of way may be established by the court analogous to the right of way in case of emergency (§ 917 BGB)

Scope and Right-of-Way Buffer Zones

The right-of-way buffer zone of a utility line defines the area within which the property owner may not construct buildings or plant deep-rooted vegetation. Typical right-of-way widths vary depending on the type of utility line:

• Drinking water lines: 1-2 m on each side of the line axis
• Gas supply lines: 1-5 m on each side, depending on operating pressure
• High-voltage power lines: 5-30 m on each side, depending on voltage
• Telecommunications lines (fiber optic, copper): 0.5-1 m on each side

Within the protective zone, the property owner may not erect any buildings, plant any trees or shrubs with deep roots, or take any measures that endanger the integrity of the line. In addition, the line owner has the right to enter the property for inspection and maintenance purposes-a significant encroachment on property rights that must be taken into account when determining the property’s value.

Impact on Property Value

A registered right of way encumbers the servient property and may reduce its value:

• Building restrictions: Construction is not permitted within the pipeline area (buffer zone)-typically 1-3 meters on either side of the pipeline axis
• Usage restrictions: No deep foundations, no planting of deep-rooted plants within the buffer zone
• Right of access: The utility owner has the right to enter the property for maintenance and repair purposes
• Depreciation: Depending on the location and extent of the utility corridor, typically a 5-15% reduction in value of the affected portion of the property

Practical tip for property owners in Nuremberg and Franconia

In Nuremberg’s established residential areas-particularly in the garden city neighborhoods (Gartenstadt, Werderau, Ziegelstein) and the row house developments of the 1950s-1970s-utility lines often run across private property without a right of way being recorded in the land registry. These informal utility routes often originated at a time when neighborhood relations were less formalized. They become a problem during property sales: The new owner can demand the removal of the line without the utility owner having an enforceable right. We recommend that buyers request a utility line map from Stadtwerke Nürnberg or the relevant utility company before purchasing and check Section II of the land registry for registered easements. If there are no entries for existing lines, this should be factored into the purchase price, or the subsequent registration should be contractually agreed upon before the transfer of ownership. The same principles apply in Erlangen and Fürth-there, too, unsecured utility lines are common in older residential areas.

Frequently Asked Questions

Can I have a right of way removed from the land registry?

Removal is only possible with the consent of the entitled party (Section 875 of the German Civil Code) - that is, the owner of the benefited property or the utility company. If the line is no longer needed (e.g., after connection to a new route or after the property in question is abandoned), the entitled party may be requested to grant permission for deletion. If they refuse to grant consent despite the lack of need, a court must determine whether the right of way has expired. Experience shows that utility companies only grant permission for deletion if the line has been completely dismantled and an alternative supply plan has been implemented.

Do I have to disclose a right of way when selling a property?

Yes - registered easements are visible to everyone in the land registry and automatically transfer to the buyer. The seller also has a duty to disclose encumbrances that affect the property’s value - including unregistered utility lines of which they are aware. If the seller conceals a known but unregistered right of way, the buyer may rescind the purchase agreement on the grounds of fraudulent misrepresentation (Section 123 of the German Civil Code) or claim damages (Section 280 of the German Civil Code). We recommend that sellers explicitly mention all known utility lines in the purchase agreement-even if they are not listed in the land register.

Am I entitled to compensation for a right of way?

In the case of a contractual right of way, compensation is freely negotiated-typically involving one-time payments or annual usage fees based on the market value of the affected area and the extent of the restriction on use. In the case of statutory utility rights under the Telecommunications Act (TKG) or the Energy Industry Act (EnWG), the owner is entitled to reasonable compensation for the reduction in value and to full restoration of the original condition following utility work. The amount depends on the right-of-way and the restriction on use-typically 50-70% of the standard land value of the affected area as a one-time compensation payment. If the amount is disputed, we recommend engaging a publicly appointed and sworn expert in real estate valuation.

How does a right of way affect the buildability of a property?

A right of way registered in the land registry or existing de facto can significantly restrict the buildability of a property. No construction is permitted within the right-of-way of a medium-voltage power line (typically: 5 meters on either side of the line’s axis)-this can eliminate a significant portion of the buildable area on a small property. If a main utility line runs diagonally across a property, the remaining usable area may become so small that the property can no longer be developed in a meaningful way under building regulations. When purchasing an undeveloped property in Nuremberg or the surrounding region, we therefore strongly recommend requesting a utility line map from Stadtwerke Nürnberg, N-ERGIE, and Deutsche Telekom before the purchase and comparing the utility lines with the planned construction site. For larger projects, this is usually handled by the contracted engineering firm as part of the preliminary planning phase-however, private buyers are still advised to conduct their own preliminary review.

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