Residents

Traffic sign with additional sign "Anstösser" in Planken ( Principality of Liechtenstein ).

Residents (especially in Germany), local residents (especially in Austria), Anstösser (especially in the Swiss), and local residents called the immediately adjacent or directly involved neighboring a property or a legal interest . This affects both the neighbors among each other and the common neighbors of a public space , for example in road traffic.

Residents who are owners or authorized users of a property or a building are also legal subjects in matters relating to neighboring properties in order to safeguard their respective interests.

General

About the names and terms

Residents (or street residents ) are legal entities under German law who are the owners or beneficiaries of a property or building that borders a public street , a watercourse or a common border, the Rain .

In Austria they are called neighbors . In general, neighbors are understood to mean the neighbor or “adjacent resident”. The spatial proximity is decisive for the concept of the neighbor, even across several borders. In this context, the term “immediate and indirect neighbors” is also known. In legal language, especially in Austria, neighbors are used in the sense of “neighboring”, “neighbor”.

In Switzerland and Liechtenstein, anger is understood to mean neighbors, neighbors, residents, but also sometimes housemates , neighbors or simply fellow human beings. According to ennobling , bump, bump (bump, bump, bump, bump, bump) means a physical neighborly relationship / an adjacent. In Swiss legal practice and politics, the word is also used in the sense of applicant (the person who initiates a legal or political procedure, process, etc.).

In international law it is common to designate a country bordering a body of water or sea as a riparian state, e.g. B. in maritime law in the clause for shipping: "Passage is only allowed to residents."

Legal situation

Germany

The road traffic law defines neither the local residents nor the residents , so that the general usage is decisive when determining the local residents . In the case cited, the Federal Administrative Court (BVerwG) assumed that road users - who usually have to make quick decisions - cannot be required to make particularly fine linguistic distinctions when they are faced with the question of whether they want to make a May or not drive on the road. Those road users who are owners or authorized users of a property that is “adjacent” to the street are covered by the term “residents”. The property is determined by legal relationships with the (developed or undeveloped) properties adjacent to the blocked roads or the facilities built on them. The Bavarian Supreme Court stated:

"Residents are people" [...] who want to enter into a relationship with residents or property owners. It is irrelevant whether this relationship comes about; the intention is sufficient. If the resident recognizes when driving past the property in question (which can also be a construction site with construction workers) that the person sought cannot be reached, he can continue without stopping and remains resident. Even unwanted visitors from a resident are allowed to drive in. " "

Residents are those people who have a main or secondary residence on a certain street . In terms of traffic law, the terms “residents” and “ residents ” are closely related to parking facilities . The term “residents” requires a close spatial proximity between the apartment and the parking space , not necessarily in the same street, possibly also in the next, possibly also around the block. The residents, in turn, are mentioned in § 45 Paragraph 1b StVO without being defined. The aim of this provision is the parking facilities for residents.

In the case of residents, natural persons or any kind of associations of persons , including legal persons , can be considered as legal subjects . What they have in common is that they border a street or a watercourse with a piece of land or a building. “Adjacent” can mean an immediate spatial neighborhood to the street or an indirect spatial neighborhood via a private road to the street. The latter is rear Lieger -Anlieger, may be the neighbor of a closed to traffic street, which need to drive them to go directly to the street on which they rest themselves or in which the traffic through a berm in the aforementioned sense should take place.

The classification of a public street as a residential street is an organizational act under street law that does not have any direct legal effects for the mere street user. However, it is different with the dedication towards the affected street residents , because it develops a direct external effect through the residents' obligations to act, tolerate and refrain from.

Roadside residents

State laws provide a legal definition of the term street residents. According to Section 14a, Paragraph 1 of the NW Act on Roads and Roads, people living on the streets are owners or owners of properties on a public road. In general, public roads are available to everyone for public use (“simple public use”). The use of a street by residents is an exception to this. Because of the close spatial relationship, residents have an increased need to use the street compared to “normal” street users. The legally protected area of ​​the resident includes:

• the granting of the transport connection (approach, access),
• the provision of light and air for the buildings on the adjacent property,
• the granting of business communication with road users and
• the (joint) use of the property for the residents' own purposes.

Street residents enjoy legal protection for these rights.

Residential rights and residents' use

The residents' right is generally aimed at ensuring the connection with the public road network . However, it is no longer based on Article 14.1 of the Basic Law, but is a subjective right that arises from road law. According to this, the legislature has to pay particular attention to the interests of the owners of neighboring properties, because they are above all dependent on the use of the road.

In general, a distinction is made between an independent resident right and resident use . While the resident right follows from the development function with maintenance of the possibility of access from the property to the street, the use of the resident gives the residents the right to use the parts of the street adjacent to the property beyond general traffic use. The Administrative Court of Baden-Württemberg has given residents the right to challenge the administrative act against the upgrading of a street from Art. 14 and Art. 2 Para. 1 GG , because these basic rights could be impaired by the additional traffic.

Local traffic

The additional sign 1020–30 residents free is only valid in conjunction with another traffic sign

Sac (opposite: through traffic ) is in the traffic law of the traffic of a street or road train whose drive sources or travel destinations are within this road or this road train. According to the type of traffic , local traffic belongs to source traffic , destination traffic or inland traffic . Roads for traffic calming blocked and for all vehicles with a respective traffic signs are indicated, are mostly by additional characters released for neighboring. They allow access to properties or buildings with access to the blocked road. Local traffic is permitted as an exception to a blockage for vehicle traffic by express permission in connection with a prohibition sign. For this purpose, the use of the blocking road by third parties for traffic with the resident is permitted if the destination is one of the adjacent properties (e.g. visitors , suppliers , customers , patients ).

Legal issues

The additional sign "Residents free" (ZZ 1020-30) exempts vehicles from the traffic ban whose drivers want to visit a property within the blocked road for private or business purposes. Local traffic includes both the local residents themselves and the traffic of those who want to visit local residents for any reason. Because of the development function of local roads, local traffic is legitimized by the general purpose of the road and not by the interests of a subjectively determined group of people. It does not matter that a large group of people may be able to use the basically blocked route. The desired relationship with a resident or adjacent property must be decisive. Authorized user is

• every - even undesired - visitor of a resident,
• the person who wants to pick up a resident or a visitor to the resident,
• the one who just wants to pick up a person in the street and drive on straight away because that person cannot be found there or
• the one who wants to reach a machine in the restricted zone.

Those who only want to drive into the blocked street to park there are not residents.

Austria

Residents are allowed to pass here at their own risk

The Austrian road traffic regulations know the term residents in connection with driving bans, among other things. These can be provided with exceptions for "residents" or "residents traffic". The difference is that in the first case only the residents themselves are allowed to drive over this stretch of road, in the second also everyone who wants to go to the affected residents. However, the Austrian Supreme Court ruled on September 27, 1984:

“The average road user will understand the additional sign 'Except for residents' to mean that traffic is not only permitted for residents, but also for their visitors, guests, suppliers, etc. There is no distinction to be made between the additions 'residents free' or 'free for residents' on the one hand and 'residents traffic free' on the other. In both cases, driving on the street is not only permitted for residents, but also for traffic with residents. "

Most legal systems in the building industry (building regulations) understand the neighbors of a building project to be the owners of real estate (or land) that either directly border the building site or are opposite (across the street ). The neighbors of a building project have a party position in the building process and are entitled to compliance with their subjective, public neighborly rights. They have access to the files and are usually invited to the building negotiations by the building police (building authority) - depending on the type of building project and the respective country-specific building regulations - because they have various possibilities of appeal .

Individual evidence

1. ↑ Das Neue Taschenlexikon in 20 volumes, Volume 1, Gütersloh, 1992, p. 182, column 1
2. ↑ Duden, 21st edition, Volume 1, 1996, p. 115, column 3
3. ↑ Johann Christoph Adelung, Grammatical-Critical Dictionary of High German Dialect .
4. ^ Karl-Dieter Bünting, Ramona Karatas (Ed.), German Dictionary , Chur / Switzerland, 1996, p. 69, column 3
5. ↑ BVerwG, judgment of February 15, 2000, Az .: 3 C 14.99
6. ↑ BVerwG, judgment of February 15, 2000, Az .: 3 C 14.99, margin no. 23
7. ↑ BayObLG VRS 33, 457
8. ^ Neue Justiz , Volume 41, 12/1987, p. 502
9. ^ W. Kohlhammer Verlag, Public Administration , Volume 54, 2001, p. 156
10. ↑ BVerwG, judgment of February 15, 2000, Az .: 3 C 14.99, margin no. 24
11. ↑ BayVGH BayVBl. 2003, 337
12. ↑ Roads and Roads Act of the State of North Rhine-Westphalia (StrWG NRW), announcement of the new version , onrecht.nrw.de (Applicable laws and regulations (SGV. NRW.) As of March 16, 2018)
13. ↑ Franz-Joseph Peine, General Administrative Law , 2014, p. 329 limited preview in the Google book search
14. ^ Friedrich Schoch, Special Administrative Law , 2013, p. 782 restricted preview in the Google book search
15. ↑ BVerwG, judgment of May 11, 1999, Az .: 4 VR 7/99 = NVwZ 1999, 1341, 1342
16. ↑ Franz-Joseph Peine , General Administrative Law , 1979, p. 172 ff.
17. ↑ Dirk Ehlers / Michael Fehling / Hermann Pünder (eds.), Special Administrative Law , Volume 2, 2013, p. 346 restricted preview in the Google book search
18. ↑ BWVGH UPR 1984, 64
19. ↑ Walter Linden (Ed.), Dr. Gabler's Verkehrs-Lexikon , 1966, Col. 74 limited preview in the Google book search
20. ↑ Walter Linden (Ed.), Dr. Gabler's Traffic Lexicon, 1966, column 73
21. ^ Carl Creifelds , Legal Dictionary , 2000, p. 65
22. ↑ Wolfgang Bouska / Anke Leue (eds.), Straßenverkehrs -ordnung , 2014, p. 25 limited preview in the Google book search
23. ↑ BVerwG NJW 1975, 1528
24. ↑ BayVGH, DVBl. 1973, 508, 509
25. ↑ OLG Cologne VRS 25, 367
26. ^ Heinrich Jagusch / Peter Hentschel, Road Traffic Law , 1992, margin no. 248 to VZ250 § 41 StVO
27. ↑ Bernd Huppertz, The use of additional signs in public road traffic , in: PVT 8/93, p. 231  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.  
28. ↑ cf. Hermann Mühlhaus / Horst Janiszewski, Road Traffic Law , 1991, margin no. 77 to § 2 StVO
29. ^ OLG Hamm, VM 1969, 79
30. ↑ BayObLG VRS 27, 381 (= VM 1964, 68)
31. ^ AG Dillingen MDR 1968, 605
32. ↑ Law of the Austrian Supreme Court of September 27, 1984

Please note the information on legal issues!