22.07.2025 • 5 min. reading time
Content of this article
Although the right of emergency access has long been enshrined in the German Civil Code (BGB), there are always challenges when it comes to its practical implementation. One common question is whether an owner of a so-called "trapped" property - i.e. a property without a direct connection to a public road - may also use the neighboring property to get to their own property by car and park there. On March 14, 2025, the Federal Court of Justice (BGH) made a groundbreaking decision in this regard under case number V ZR 79/24.
The ruling provides greater clarity: the right of emergency access generally also includes access by car to one's own property for the purpose of parking. This leads to greater legal certainty and prevents future conflicts between neighbors.
Dr. Tim Wistokat, LL.M., lawyer and Head of Legal Department at VON POLL IMMOBILIEN
(Photo: von Poll Immobilien GmbH)
What was the specific issue?
In the case, which went all the way to the Federal Court of Justice, the parties are neighbors in Schleswig-Holstein. The plaintiffs' front property is located on the road, while the rear property - the so-called "trapped" property - is only accessible via the neighboring property. This rear property is developed with a semi-detached house and divided into residential property. The defendant, the special owner of one of the semi-detached houses, rents out her unit. She and her tenants were allowed to use the front property as an access road, but the plaintiffs only wanted to allow access for driving, but not for parking on the rear property.
This led to a legal dispute. The plaintiffs demanded, among other things, a limited emergency access fee of EUR 267, which includes a ban on use for parking purposes - or alternatively the payment of an emergency access fee of EUR 313, which includes access for the purpose of parking. While the Kiel Regional Court allowed the use including parking, the Schleswig Higher Regional Court (OLG) partially ruled in favor of the plaintiffs and prohibited access for parking. This decision has now been overturned by the BGH.
Right of emergency access also includes parking
Dr. Tim Wistokat, LL.M., lawyer and Head of Legal Department at VON POLL IMMOBILIEN, explains the ruling: "The BGH clarifies that the right of emergency access of an owner of a trapped property also includes access by car to park on their own property." And he continues: "It does not matter whether the access road is primarily used for unloading or for parking the vehicle. The decisive factor is that the property cannot be used properly without the emergency access route."
No unnecessary demarcation difficulties
The highest civil court emphasizes that a distinction between access roads for parking and those for loading and unloading would create considerable practical problems:
"Such a parking ban would be difficult to control and would lead to legal uncertainty. Is a water tank heavy enough? Or a washing machine? It would be almost impossible to determine for what purpose a vehicle is driving over the neighboring property," says Wistokat.
It is also interesting to note that the Federal Court of Justice stated that there is no emergency right of way for access to garages or parking spaces in the rear area of properties that border directly on a road anyway. In this case, proper use is already guaranteed by the road connection.
"In this specific case, however, there was a typical 'trapped' property - without its own access to the road. This meant that the emergency access route, including the possibility of parking vehicles there, was absolutely necessary," explains Wistokat.
Conclusion
With this decision, the BGH strengthens the rights of owners of properties with no connection and provides practical legal certainty. Wistokat summarizes: "For owners, this ruling means that anyone who owns a property without a connection can also use the neighbouring property to drive their car onto their own property and park there. This significantly reduces the potential for conflict."
This makes it clear that parking on your own property remains permitted within the scope of the right of emergency access - even if the path to it leads across a neighbor's property.
