A dispute between neighbors has ended up in court in Munich. In this case, a couple wanted to buy a six-square-metre plot of land from their neighbor in order to have access to Lake Pilsen. The couple own a plot without access to the lake and a tubular plot with access to the lake. However, the couple can only access Lake Pilsen via the neighbor's six-square-meter plot.
However, the purchase price negotiations failed. The 30,000 euros offered by the couple seemed too little to the neighbor due to the expected increase in value. She later even banned the couple from entering the property. The couple then applied for a so-called emergency right of way by means of a temporary injunction. After all, there was no public or publicly dedicated road leading to their lakeside property and they had to store their boats in winter.
The neighbor agreed to allow the couple to enter her property for this purpose. As the neighbor made this concession to the couple, the Munich II Regional Court rejected the application for a temporary injunction as the "urgency required for the reason for the injunction" was lacking (case no. 13 O 107/23). The decision is not final. The regional court also notes that the case is more likely to be about the cost of access to Pilsensee.
Source: justiz.bayern.de/Az. 13 O 107/23
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