Vehicular right of way

Right of Way is an easement secured by the land register that allows the holder to drive vehicles (passenger cars, agricultural machinery, trucks) across another person’s property. It is either a limited personal easement (Section 1090 of the German Civil Code) or a real easement (Section 1018 of the German Civil Code) in favor of another property and is registered in the land registry.

Legal Basis and Types

The right of way is structured in German property law as a real easement or a limited personal easement:

Easement (§ 1018 BGB): The right of way is attached to the dominant property-i.e., it applies in favor of all respective owners of the property, regardless of the owner. Upon sale, the right automatically transfers to the buyer. This form is typical for properties located at the rear or without public access.

Limited personal servitude (Section 1090 BGB): The right of way applies only to a specific person and expires upon their death or upon relinquishment. It is non-transferable.

Right of way in case of emergency (§ 917 BGB): If a property is not accessible via public roads and there is no registered right of way, the owner may claim a right of way in case of emergency. This grants them a legal right of passage, for which they must pay an annuity.

Scope and Limits of a Right of Way

What the right of way specifically permits is determined by the registration certificate in the land register (Section II). Typical provisions:

Aspect	Possible provision
Type of vehicles	Only passenger cars, only agricultural vehicles, all vehicles
Time restrictions	24/7, only weekdays, only during the day
Purpose	Only for access to the property
Maintenance	Who bears the costs for the road and pavement?
Width of the right of way	Fixed in meters

The servient property (over which the right of way passes) must tolerate the right, but may not accept excessive impairment by the holder of the right.

Right of Way and Property Value: Impact on Buyers and Sellers

The right of way has a direct impact on the market value of both properties involved. For the property that must tolerate the right of way (the servient estate), it generally constitutes a value-reducing encumbrance. The extent of the reduction depends on the intensity of use, the location of the right of way, and the associated restrictions.

For the benefiting property (dominant property), however, the right of way has a value-enhancing effect-especially if it ensures the sole or primary access to the property. In practice, a rear building lot without a registered right of way is often not buildable and thus significantly less valuable than a lot of the same size with secured access.

When determining market value, qualified appraisers consider rights of way as factors relevant to value. Appraisal committees may publish market adjustment factors for specific types of easements, which are applied in the valuation.

Disputes Over Rights of Way: Typical Conflicts and Solutions

In practice, rights of way are often a source of neighborhood conflicts. Typical points of contention:

Exceeding the agreed scope of use: If the right of way is limited to passenger cars and the beneficiary drives a van across the property, they are violating the limits of the easement. The servient property may demand cessation of the violation and compensation for damages.

Maintenance disputes: It is often unclear who is responsible for maintaining the right of way. In case of doubt, the beneficiary has the maintenance obligation (Section 1021 of the German Civil Code), as they benefit from the right.

Erection of obstacles: If the owner of the servient property erects a gate or a barrier on the right of way, the beneficiary may demand that the obstacle be removed or that they be provided with a key.

Disputes over interpretation: Older registration texts are often vaguely worded and give rise to disputes over interpretation. In such cases, a review by an attorney and, if necessary, a supplementary agreement notarized by a notary public is recommended.

In the event of persistent disputes, the competent local court-in Nuremberg, the Nuremberg Local Court (Fürther Straße 110)-decides in civil matters regarding the content and limits of easements.

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that every buyer of a plot of land or house in the Nuremberg metropolitan region review the land register (Sections I through III) in its entirety before purchasing. Right-of-way rights in favor of third parties can significantly restrict the usability of the property-for example, if a neighbor has the right to drive across your yard daily. Conversely, it is important to check whether the property being purchased is accessed via its own right of way on a neighboring property-if this is missing, the property may not be suitable for construction.

The Nuremberg Land Registry Office (Nuremberg Local Court, Fürther Straße 110) issues land registry extracts upon request; we are happy to assist you in interpreting the entries. Before a purchase, we systematically review rights of way and other easements for their practical implications-not just their legal validity. A legally valid right of way that is unreasonably burdensome in practice can be a decisive factor in the purchase decision.

Frequently Asked Questions

How can a right of way be deleted?

A right of way can only be deleted if the entitled party (in the case of an easement: the respective owner of the dominant property) consents to the deletion and submits a deletion authorization to the Land Registry Office. The notary certifies the signature. Without the consent of the entitled party, deletion is generally not possible-unless the right has expired due to the passage of time (in the case of limited-term rights) or through a declaration of abandonment.

What does it cost to register a right of way?

The notary fees for the notarization and land registry entry of a right of way are based on the transaction value (= value of the right). For a right of way for a single-family home, total costs of approximately 500 to 1,500 euros are typical. For higher-value properties or more complex arrangements, the costs may be higher.

Can the neighbor refuse the right of way if I need to cross their property?

If the right of way is registered in the land registry, the neighbor must tolerate it-they cannot refuse the right of way. If only a statutory right of way exists, they must also tolerate it in principle, but may demand reasonable compensation for use (a monetary payment). A unilateral refusal is not legally permissible and can be enforced in court.

What distinguishes a right of way for vehicles from a right of way?

Both terms are often used interchangeably in everyday language. The right of way is the umbrella term and encompasses both the right to walk (right of way for pedestrians) and the right to drive vehicles (right of way for vehicles). A registered “right of way” can permit very different forms of use depending on its wording. For legal classification, the exact wording in the land registry entry and the deed of registration is always decisive.

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