As of: January 20, 2024, 6:11 a.m
By: Marcus Giebel
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The street in front of their house is taboo for a couple from Cologne.
If you enter, you could face a hefty fine or six months in prison.
Cologne – A Cologne couple has to think carefully about every step they take to their own front door.
Because this can be extremely expensive.
The two face a fine of up to 250,000 euros for “interference with property and possession,” according to a ruling by the Cologne district court.
Or up to six weeks in prison.
The Kölner Stadt-Anzeiger
reports on this
(article behind a pay barrier).
Couple is no longer allowed to use the street in front of the house: society decides how to use the area
The almost unbelievable verdict in the neighborhood dispute that has been going on for more than three years has been in effect since January 3rd.
It was made possible because the area of the street where the couple's house with Kurdish history is located is owned by a real estate and management company.
In 1973, when it was developed as building land, this did not transfer the area to the responsible municipality free of charge, despite a contractual obligation, it continues.
The stumbling block was apparently the couple's laying of a gas connection in the summer of 2020. When the road had to be torn up for this, the owners had the work stopped.
But the couple asserted their rights.
Unbelievable verdict in Cologne: A couple has to pay a fine if they enter the street in front of their house.
© imago/Symbolbild
This was to take revenge: First, they were forbidden to park their car next to the fence next to their garden.
This is how the previous owners kept it and the neighbors still do it today.
Later, an acquaintance of the owner family blocked the way for craftsmen.
The police were called, but they left again citing private law.
So the argument continued to escalate.
Bizarre neighbor dispute in Cologne: Using the street in front of the house will initially cost 300 euros a year
It was about bollards that were put up, paths that were allegedly not swept or trees that were planted too close to other properties, the article says.
The owners initially wanted to enforce 50 euros per day in court - only from the couple, mind you - but the regional court and higher regional court instead considered 300 euros per year to be appropriate.
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At the end of last year, the city of Cologne came to the conclusion that the street should subsequently be dedicated to the public.
This was reported to the couple's lawyer by the head of the legal office.
This would also happen without the consent of the owners if they do not agree.
Dispute between neighbors over street use: Court considers owners’ actions to be “objectively unfair”
For the judges, however, this was not relevant in the civil legal dispute and so they ruled in favor of the owners.
However, they also found that “the plaintiff’s behavior in allowing all residents, except the defendants, to enter and drive on the street property without further ado appears to be objectively unfair.”
Emergency right of way is the only way out: The Cologne district court sees the defendant couple as having an obligation to deliver.
© imago/Symbolbild
The fact that the couple who lost in court can only access their property via a detour through neighboring properties was judged to be “completely nonsensical from a factual point of view”.
However, under current law, owners could not be required to treat all road users “fairly” or “equally.”
Court decides in crazy neighbor dispute: Couple is given emergency right of way
On top of that, the couple is even blamed for the unfortunate situation.
Because it could have asserted its emergency right of way, which, according to the court, was “not complicated”.
The couple's lawyer objects to this, emphasizing, according to the report: "This would have meant that we would have abandoned our legal position and my clients would have been obliged to pay an emergency pension."
In addition, the original owner of the property “demonstrably paid for the development of the road”.
This point was not taken into account by the court.
Now he bases his appeal on that.
According to the Kölner
Stadt-Anzeiger,
historical and public law issues play no role for the court.
Couple “on the verge of a nervous breakdown” after the verdict: the woman’s brother is in a coma
The year could hardly have started worse for the Cologne couple.
Especially since the woman has completely different concerns.
“I'm on the verge of a nervous breakdown,” she told the newspaper: “My brother is in a coma in the hospital, he could die at any minute, I go to see him every day - and now I'm supposed to be a criminal as soon as I leave my house?
I can’t believe it all anymore.”
But it's not a nightmare.
Or a real one – however you want to see it.
And that will last for a few more weeks.
In any case, the city is giving the street owners until the end of January to comment on whether they agree to dedicate the street to the public.
Nobody will seriously expect a quick answer - after the dispute has been going on for several years.
Other strange reports: Dispute over dog in court and move to houseboat
A former couple reunites in court over a dispute over a dog.
Another couple saves a dog grandpa from a lonely end in the animal shelter.
By moving to a houseboat, a couple saves 25,000 euros a year.
(mg)