Dispute: 30,000 euros for an access to the lake?

  • 3 months ago

A neighbor dispute has ended up in court in Munich. In the case in question, a couple wanted to buy a six-square-meter plot from their neighbor in order to have access to Lake Pilsen. The couple owns a plot without lake access and a tubular plot with lake access. However, the couple can only reach Lake Pilsen via the neighbor's six-square-meter plot.

However, the purchase price negotiations failed. Because the 30,000 euros offered by the couple seemed too little to the neighbor due to the expected increase in value. Later, she even forbade the couple access to the property. The couple then applied for a so-called emergency right of way by means of an interim injunction. After all, there was no public or publicly dedicated road leading to their lake property and they had to store their boats in winter.

The neighbor agreed to allow the couple to enter her property for this purpose. Since the neighbor made this concession to the couple, the Munich II Regional Court rejected the application for a temporary injunction, since the "urgency necessary for the ground for injunction" was lacking (Case No. 13 O 107/23). The decision is not final. In addition, the Regional Court notes that, behind the scenes, the case is probably more about what access to Lake Pilsen may cost.

Source: justiz.bayern.de/Az. 13 O 107/23
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