Private road

from Wikipedia, the free encyclopedia
Information sign on a private road

A private road or a private road is generally considered a traffic route (or a traffic area ) not in the easement of the public is, but on the property of a natural or legal person . The opposite is the public street .

history

University private road
No passage sign on a private footpath

Private roads or private roads are roads that are not owned by the public sector. Builders, homeowners or investors are responsible. Private roads already existed in the early days, so roads to be laid out in Berlin were laid out by residents or property owners as early as 1900 in order to implement their building projects. Examples of this can be found under the streets listed for Berlin and also in other large cities of the time. Block interiors of residential complexes such as the Helenenhof in Berlin-Friedrichshain or Riehmers Hofgarten in Berlin-Kreuzberg were accessed via private roads. Access routes to underground garages or properties are now often designated as private roads in new development areas; for example, in the Karow-Nord development area in Berlin there are cross and access roads that are marked as private roads, but are not barred from other traffic by barriers. In order to enforce the right of way against outsiders, on the other hand, there are residential complexes with barriers (barriers, fence gates) on streets, which are, however, dedicated and mentioned in the official directory. Actually private roads arise when they are of no use to the general public, which is why the public sector does not want to contribute to the development and maintenance costs. The private roads are not recorded in the street cleaning register. The owner (state-owned housing associations, private builders, land associations) must maintain the proper condition and bear the costs for cleaning, snow removal and maintenance and may thus block his street in whole or in part for public use. However, there can be overlaps, for example streets in the Berlin district of Pankow have been declared private streets, while the district is again the owner. In recent times there has been a growing trend towards not restricting the right of way on private roads in public hands or dedicating roads in residential areas if residents want them, but classifying them as private roads on the other hand.

Legal background

The legal regulations and provisions of public and private roads are essentially uniform in the German-speaking area. In Germany and Austria, the road and right of way , which is laid down in the federal and state road laws , applies . In Switzerland, the road and right of way are regulated in the federal constitution , the federal law on national roads and in cantonal road laws.

Private roads are not formally dedicated and are therefore not subject to the road and right of way, as is valid for public roads. The private owner is responsible for the construction and maintenance of the private road and is responsible for road safety . “Pure” private roads are generally not released for use by the general public and are marked or blocked off accordingly.

Semi-public private road with limited parking, as residents have parking spaces on the property.

A borderline case are "almost public roads" that are open to the general public for use but are privately owned. These are, for example, driveways and parking spaces for retail shops or public institutions. Due to lack of road dedication road and right of way does not apply in this case, however, is considered by the use by the general public the road traffic law . This form of the (generally usable) private road was criticized in the 2010s, since municipalities are increasingly trying to relieve the public budget by transferring the costs to the owner of the roads.

Private roads or private roads are roads that are not owned by the public sector, but belong to builders, homeowners or investors. They are not a result of the increasing privatization of the city, they already existed when the city was founded. Nowadays, many new development areas have private roads, and they are often access routes to underground garages or properties. Because they are of no use to the general public, the public sector does not contribute to the costs of development and maintenance. The owner is obliged to take care of the proper condition, he has to bear the costs for cleaning, snow removal and maintenance. In return, he is free to block all or part of his street from public use. Some private roads are reserved exclusively for residents, while others also allow public transport.

The building law stipulates that every property must be accessible from a public road . If this is not possible, for example because the property is located behind , access is usually via a private path to another property. In this case, an easement must be set up as a private law regulation between property owners in order to enable the owner of the undeveloped property to use the other owner's private road and thus secure access in rem for him. Under public law , the development must be secured by a building load on the property that is used for access to the undeveloped property.

See also

literature

  • Ronald Kunze: Keyword private route . In: Bauordnung im Bild (Kunze / Odszuck / Simons / Ulrich [Hrsg.]). WEKAMEDIA, Kissing 2008.

Individual evidence

  1. ^ Research Society for Roads and Transport: Definitions, Part: Transport Planning, Road Design and Road Operation . FGSV Verlag, Cologne 2000, p. 30 .
  2. ↑ Private roads: legal vacuum?
  3. ↑ a b Dietmar Grütze: Building Lexicon . Carl Hanser Verlag, Munich 2007, ISBN 3-446-40472-4 , p. 299 .
  4. ↑ daserste.de: ARD-Büffet from October 21, 2013: Our legal expert Karl-Dieter Möller explains which rights and obligations affected property owners have.