Neighborhood dispute escalated: farmers in the race for right of way!
Neighborhood dispute escalated: farmers in the race for right of way!
A bitter dispute between two farmers who runs over the years is the focus of the upcoming episode of the documentary series "Neighborhood Strike". The third episode of the seventh season will be broadcast on ATV and Joyn on Thursday, June 5, 2025. The focus is on a conflict with regard to the right of way of a field path on which one of the farmers supposedly placed bricks to make it impassable. This behavior contradicts the legal provisions that clearly define and regulate the rights of ways, as notar-drkotz.de explains.
Another dispute in the episode affects a property in Tyrol that was divided between two brothers. One brother is in bankruptcy, and a new resident who is described as chaotic is moving in. The situation escalates and it is even discussed about the demolition of a stable that is over 50 years old. In addition, the episode addresses the problem of the quarter -hour bell ringing in Gerasdorf (Lower Austria), which inseminates the residents. Two affected residents have already started legal steps and turned on a lawyer to find a compromise with the local pastor.
Legal aspects of the right of way
In another case, the Cologne District Court dealt with a judgment on the use of a private street property on January 3, 2024. Here the question arises whether the defendant, who regularly use the property without permission, can assert an emergency right in accordance with § 917 BGB. The case shows that an emergency route does not automatically arise if a property has no proper connection to a public way. In this special case, the plaintiff's court gave the plaintiff's metal bollards right, since the defendants disrupted the property of the plaintiff, such as anwalt.de reported.The right of way is crucial to give access to a property via a foreign property. There are two main types: the statutory emergency path law and the basic contractual service. The latter is contractually determined and ensures permanent use of the path via the neighboring property. In the event of a disability of the right of way, the parties concerned have legal steps such as warnings or complaints. A clear definition of the scope and the use of the right of way is of great importance to avoid future conflicts. Basically, changes or the cancellation of the right of way require the approval of everyone involved and an entry in the land register, which underlines the importance of legal advice.
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| Ort | Gerasdorf, Österreich |
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