Can my neighbor deny me access to my own property?
January 9, 2022 | 50,00 EUR | answered by Oliver Ratzberg
Dear Lawyer,
I am reaching out to you as I have an urgent legal issue with my neighbor and am hoping for your assistance. The situation is as follows: my neighbor has recently erected a fence that blocks the only access to my property. I have already tried to speak with my neighbor to find a solution, but he adamantly refuses to remove the fence or grant me alternative access to my property.
I am very worried as I am unable to enter my property and therefore cannot maintain it or utilize my property. Additionally, I fear that my neighbor may take further actions to prevent my access to my property.
Therefore, my question to you is: can my neighbor actually deny me access to my own property? Are there legal avenues to address this restriction of my property rights? What steps can I take to enforce my right to access my property?
I thank you in advance for your assistance and am available for further information or documents if needed.
Best regards,
Dietrich Weiss
Dear Mr. Weiss,
Thank you for your inquiry and trust in my legal expertise. The situation you have described is indeed very problematic and constitutes a serious restriction of your property rights. In general, a neighbor cannot deny you access to your own property. Every owner has the right to enter and use their property without being obstructed by others.
In your case, where the only access to your property is blocked by the newly erected fence of your neighbor, it constitutes an unauthorized hindrance of your property rights. Your neighbor cannot unilaterally take measures that make it difficult or impossible for you to access your property.
To address this restriction, you have various legal options available to you. Initially, you should try to have a conversation with your neighbor again and seek a mutually agreeable solution. If this is not successful, you can seek recourse to the court and file for an injunction or lawsuit to remove the fence. In such cases, it is advisable to seek advice from an experienced lawyer to effectively enforce your rights.
It is important that you gather all relevant documents and evidence related to the case to strengthen your position. This includes, for example, land register extracts, photos of the fence, and all communication with your neighbor. The more evidence you can provide, the better your chances of successfully enforcing your right to access your property.
I strongly recommend that you promptly contact a lawyer specializing in neighborhood law to receive individual advice and plan your next steps. I am available for further questions or personal consultation.
Best regards,
Oliver Ratzberg
