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KI-Symbolbild: Ein schmaler Grasweg führt zwischen Hecken zu einem alten Holztor, dahinter liegen eine Wiese und Dorfhäuser im Abendlicht.
Practical article Plots & building Germany

Buying without secured access? An emergency right of way is not a blanket servicing assurance

Examine a missing connection to the public way before buying a plot as a concrete legal and usage question and do not equate a possible emergency right of way with arbitrary free access.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Germany
For whom
Owners & landlords
Article ID
WX26-07-DE-017

The plot is accessible by a visible path, but a secured private connection to the public road is not clearly proven in the documents. In the sales conversation the word “emergency right of way” (“Notweg”) is mentioned. For a purchasing decision this is not a sufficient assurance that you will in future be able to use any required access in any scope.

What the statutory emergency right of way covers

§ 917 BGB deals with the case where a property lacks the connection to a public way necessary for proper use. Under the statutory conditions the owner may demand the necessary tolerance from neighbours; direction and extent are determined by the courts if necessary. The provision also provides for compensation by way of an annuity. [NOTWEG]

§ 918 contains an exclusion where a previous connection has been arbitrarily abolished by the owner and a special framework on the sale of parts of properties. [AUSSCHLUSS] This means that the emergency right of way is not a general substitute for any omitted access planning. Whether the requirements are met in the specific case is not decided here.

Distinguish visible route from recorded right

First draw the route actually used, showing the areas concerned. Then assign any existing documents. Who permits which use, on what basis and for what purpose? A well passable track may in fact exist while the legal framework remains unclear. Conversely, a documented right may cover a different scope than the intended use.

Describe your needs concretely: Is it about reaching on foot, ongoing vehicular traffic or an operation planned only for the future? A response concerning a limited previous use should not be extended by you to a significantly different project.

Our editorial recommendation is an access overview with route, affected properties, documented basis and still unresolved scope. It is not its own legal finding and does not replace official or contractual evidence.

Do not ignore the history

Request documents about the previous connection and known changes. Has a property been subdivided, an area sold or a former access used differently? Such facts belong to the legal examination. They should not have to be reconstructed from a neighbourhood discussion only after purchase.

Costs and time also remain part of the decision. A later judicial clarification considered merely possible is not an access already available today. The article does not specify either the amount of compensation or a reliable procedural timeframe.

An offer with a materially open basis

In the fictional example a residential building is to be used in future on a rear plot. The existing path runs over a neighbouring area. The seller states that a solution will be found through the emergency right of way, but provides no clarified basis.

The prospective buyer has the actual route, the required scope of use and the history professionally assessed. An access question that remains open is discussed as a condition of purchase rather than treated as an ordinary minor matter after handover.

Public-law servicing, building-law permissibility and private access rights are also not resolved solely by the same everyday term. The usable result is a comprehensible statement about which connection is actually secured for your specific project and which question remains open. A possible emergency right of way must not be presented as a free unlimited servicing guarantee.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.