Reinforced privileges for landowners unaffiliated with parking lots: entitlement to on-site parking access
In a landmark decision, the Federal Court of Justice (BGH) has clarified the right of way for owners of disconnected properties, allowing for driving a car onto their own property for the purpose of parking. This ruling provides a significant boost to the rights of owners of disconnected properties and ensures practical legal certainty.
The case in question involved neighbouring property owners in Schleswig-Holstein, where one property was "trapped" and could only be accessed via the neighbouring property. The dispute was over the plaintiffs wanting to allow driving only for access, not for parking on the back property, while the defendant and her tenants were allowed to use the front property for access, including parking.
The BGH has now overturned the Higher Regional Court's decision, clarifying that the right of way of an owner of a trapped property generally includes driving a car onto their own property for parking purposes. However, this right is subject to specific conditions such as necessity, proportionality, and usually requires a formal easement agreement or judicial determination.
Experts at von Poll Immobilien have analysed the background of the decision. According to general legal knowledge in German property law, owners of properties that have no direct public access (disconnected properties) may claim a right of way over neighbouring properties to secure access, which can include the right to park on that way if necessary for access or use.
The exact scope can depend on the case circumstances and the factual need of the property owner. The BGH also noted that a right of way for the accessibility of garages or parking spaces in the rear area does not exist for properties that already border a street.
The BGH emphasised that distinguishing between accesses for parking and those for loading and unloading would create significant practical problems. As a result, the right of way for owners of "trapped" properties includes access whether for unloading or parking the vehicle.
If you require the precise wording or details of the ruling, legal databases, official BGH rulings collections, or specialized legal commentaries on property law in Germany would be necessary to consult.
For more information about the decision, you can refer to the press release published by von Poll Immobilien on 22nd July 2025. The press release can be found on the von Poll Immobilien website or as a pdf attachment with a size of 165 kB. The managing partners of Von Poll Immobilien GmbH are Daniel Ritter and Sassan Hilgendorf, with Beata von Poll, Dirk Dosch, and Wolfram Gast also part of the management team. Franka Schulz, the head of public relations for von Poll Immobilien, can be contacted for further queries at +49 (0)69 - 26 91 57 603 or [email protected].
In light of the recent decision by the Federal Court of Justice (BGH), individuals owning disconnected properties may now drive onto their own property for parking purposes, provided there is necessity and proportionality. However, this right often requires a formal easement agreement or judicial determination.
The ruling, involving neighboring property owners in Schleswig-Holstein, clarified that a right of way for an owner of a trapped property typically includes access for both parking and unloading vehicles.
