Private road

A private road or a private road is generally considered a traffic route (or the road), which is not in the public easement of the public sector, but owned by a natural or legal person.

History

Private roads or private roads are roads that are not owned by the public sector. Responsible are builders, homeowners or investors. Private roads already existed in the early days, as were created in Berlin as early as 1900 to be applied streets of residents or property owners in order to implement their construction projects. Examples can be found among those listed for Berlin streets and in other large cities of the time. Block interiors of residential complexes such as the Helenenhof in Berlin- Friedrichshain or Riehmers Hofgarten in Berlin- Kreuzberg were accessed via private roads. Access roads to parking garages, or land today are often reported in new areas as private roads, for example, can be found in the Berlin housing estate Karow-Nord transverse and access roads that are marked as private roads, but are not excluded with Cones from other traffic. In order to enforce the right of way outsiders other hand there are also residential areas with shut-off devices ( gates, fence gates ) before the streets, but they are dedicated and are mentioned on the official list. Actual private roads arise when they have no use to the public. Why is the public sector does not want to participate in the indexing and maintenance costs. Thus, the private roads are not on the road purification register. The owner ( state-owned housing associations, private developers, Terrain companies) shall be given the proper conditions and bear the costs for cleaning, snow removal and maintenance and so may his road to terminate in whole or in part, for public use, residential streets. However, it can also be an overlap, so roads were declared private roads, while the owner, in turn, is the district in the Berlin district of Pankow. In more recent times, the trend through the right of way to private roads in the public sector not to restrict or to devote to residents wish streets in residential areas, but on the other hand klassiffiieren as private roads.

Legal background

The legal rules and regulations of public roads and private roads are uniformly designed in the German-speaking area mainly. In Germany and Austria the roads and right of way, which is defined in the road laws of the federal and state applies. In Switzerland, the roads and right of way in the Federal Constitution, the Federal Law on the national roads and in the cantonal road laws is regulated.

Private roads are not formally dedicated and therefore not subject to the roads and right of way, as it is valid for public roads. Responsible for the construction and maintenance of the private road, private owners and it is responsible for ensuring public safety. " Pure " private roads are usually released not for use by the general public and also be labeled or cut off accordingly.

A borderline case are so-called "fast- public roads," which, although released to the general public for use, but are in private ownership. This is, for example, access roads and parking areas of retail stores or public facilities. Due to lack of road dedication the streets and right of way does not apply in this case, however, applies through the use of the public road transport legislation. This form of ( general-purpose ) Private road is criticized of the 2010s, as more and more municipalities are trying to alleviate public budgets, in the pass on the costs to the owner of the roads.

Private roads or private roads are roads that are not owned by the public sector, but builders, homeowners or investors include. They are not as a consequence of the increasing privatization of the city, they existed in its early days. Nowadays, many new housing areas have private roads, often there are access roads to parking garages or lots. Because they thus have no use to the public, the public sector is not involved in the cost of development and maintenance. The owner is obliged to take care of the proper condition, he must bear the cost of cleaning, snow removal and maintenance. But he is free also to block the road completely or partially for public use. Some private roads shall be restricted to local residents, let others also to public transport.

The Construction Law provides that each lot must be accessed from a public road. If this is not possible because, for example, is a Hinterliegergrundstück, so the land can be accessed usually via a private path of another plot. In this case, a so-called ' easement ' to be set up to enable the owner of the non- publicly developed land use of the private road and to secure him the access road in rem.