Wildparker auf dem grundstück defend yourself against parked cars

Wildparker auf dem grundstück defend yourself against parked cars

Always a nuisance, but with the Corona pandemic and the flood of trippers, they have become a huge problem for farmers: Wildlife parkers on their own property. Why you do not have to accept this, explains Ecovis lawyer Valentin Frankrone in Nuremberg.

Mr. Frankrone, do I have to accept wild parkers on my property or in my yard driveway?

No, you do not have to. Unauthorized parking by another on your property is a disturbance of possession and a partial deprivation of possession. You can defend yourself against this.

What can I do if my meadow or field edges are parked over and I cannot cultivate them or if the farm road or the access road to my property cannot be driven on with my machines??

Both the driver and the owner of the illegally parked vehicle must remove the car from the property. If this does not happen, you may move the unauthorized parked car to a public parking lot yourself or have it towed away. You can recover the costs from both the owner and the driver of the vehicle. To secure this claim, you must not reveal the new location until the wild parker has paid the cost of towing it away. However, you should make sure that the towing costs are not excessive. Here one can orient oneself at the fees of the police for towing measures. If not only costs for towing but also damages have occurred, for example because you could not cultivate your meadow or field and the hay got wet due to rain, the owner or driver must pay for it.

Do I have to wait to see if the driver comes back before towing??

You do not need to wait for the driver to return to the car. Only if the driver's whereabouts are known or it is at least clear where he or she is, should you first ask them to drive the car away. But you do not have to investigate this.

Can the police help me?

The police will not have the vehicle towed away in cases where a third party is unauthorized to park on private property. This task is only performed in the public area, but not in the private area.

How do I proceed if I have it towed away?? First document the unauthorized parked vehicle, for example by photographing it. It is best to get an independent witness as well. Give the driver a few minutes to return to their vehicle before calling the towing service. Discuss the costs with the driver in advance. Generally, you can assign your claim for damages to the towing company you hire, so you don't have to pay for the towing yourself. The towing company must of course agree to this.

Can I hold the wild parkers responsible if they cause damage to my property and, for example, destroy the freshly sown seed?

Anyone who intentionally or negligently unlawfully violates the property of another must compensate the injured party for the resulting damage. This also applies here. To the extent that the motorist can be charged with fault, he or she must pay you for the damage incurred.

May I put up a barrier, such as a fence along the path, so that no one parks at the edge of the property anymore?

In principle, a fence may only be erected with prior building permission. However, this is regulated differently in the respective states. In Baden-Württemberg, for example, the state building code stipulates, among other things, that open enclosures without foundations or bases in outdoor areas that serve an agricultural or forestry operation are exempt from procedures. So a fence may be erected there. In Bavaria, the erection of open, pedestal-less enclosures in outdoor areas is also permitted without a building permit. However, the fencing here must serve the yard area of a farm, pasture management or other purposes. In Mecklenburg-Western Pomerania, on the other hand, all open enclosures that serve an agricultural or forestry operation are permitted without a procedure. In addition, among other things, road-legal distances must be observed.

Am I allowed to put up no-parking signs, or can I apply for them from the municipality?

Only public no-stopping signs can provide a legally binding no-stopping order. However, only the relevant road traffic authorities are allowed to set these up. But there you can apply for a no stopping or no parking sign. Nevertheless, it makes sense to erect a private no-stopping sign for two reasons: Firstly, the person parking illegally cannot say that he did not know that the meadow was a private property. On the other hand such a sign can also point out that the property is managed and it can come for example to stone chips. Although this is not a guaranteed protection against claims for damages if an illegally parked vehicle is damaged. But it is a good argument for you, should there be any dispute.

How can I prevent wildlife parking as a precautionary measure?? Am I allowed to park at the edge of road junctions in. Courtyard driveways, for example, put down large erratic blocks?

You may, of course, place objects on your property, such as boulders. But watch out: If damage is caused by such an object, there may be a liability claim for breach of the duty to maintain road safety. As the owner of a piece of land, you must take reasonable steps to ensure that the property does not pose a risk to others.

Am I liable if a car hits a stone on my property and damage is caused?

No. For example, if a boulder is covered by snow in the winter, liability is not an option for two reasons. Firstly, you do not have to remove all avoidable sources of danger, because a certain risk of life has to be borne by the injured party itself. Secondly, it is not the erected stone, but the unlawful driving on your property that is the cause of any damage caused.

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