In many cases, property owners want to enjoy the peace and quiet of their garden, but neighbors trespassing can be a nuisance. The Regional Court of Lübeck has ruled that, under certain circumstances, neighbors still have a right to pass through the property (AZ: 3 O 309/22).
In this particular case, two neighbors, a woman and a man, were in dispute. As the man's property is located in a so-called hinterland district and has no direct access to the street, he has to use the path across the neighbor's property. However, she was so annoyed by this that she eventually blocked his path with stones.
The man then sued and was upheld. The judges granted him the right of emergency access. However, the woman can charge a fee for the use of the path in accordance with Section 917 (2) of the German Civil Code.
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