ᐅ Roof Access in Multi-Family Residential Buildings

Hello and good morning to the forum,

We own a single-family house that shares a common roof with two other houses (terraced houses). From a very long time ago, there is a fixed roof access ladder on our property.

Now there are issues with a new buyer who purchased one of the houses. This person enters our property without asking and, since the ladder starts about 1.5 meters (5 feet) above ground, climbs up by leaning against the house wall to reach the ladder. Of course, they could bring a small step ladder themselves, but apparently, that is too much trouble for them.

Question about the legal situation: Do we have to allow roof access to our neighbor just because the roof access ladder is attached to the wall of our house? Both the middle neighbor and the "troublesome new neighbor," who, like us, lives in an end house, could also access the roof with a portable ladder. (The house has two stories.)

Who can offer us good advice on this?

Thank you very much for your support.

Hello,

lupus schrieb:

Question about the legal situation. Are we obligated to provide roof access to our neighbor just because the roof access ladder is attached to our house wall?

What does the purchase agreement with the notary, which certainly forms the basis of the house purchase, say?

Kind regards

Hello Eüi,

Thank you for the message.

We bought the property in 1991; it was built in 1969. The contracts I have do not mention anything about the ladder.

Regards, lupus

Hello,

lupus schrieb:

We bought in 1991; the house was built in 1969. The contracts I have do not mention the ladder.

No explicit mention of a ladder, certainly :-) But what about any other rights your two neighbors might have to access the roof via your property? Is there anything about this in the deed or recorded in the land registry?

Kind regards

Good morning,
there is a reciprocal right of way, which, however, only applies to the driveways and walkways around the shared house. There is no provision for shared access across our property, for example, to reach the roof.

Regards, lupus

Hello,

lupus schrieb:

"Question about the legal situation. Are we required to grant roof access to our
neighbor just because the roof access ladder is attached to our house wall? Both the middle neighbor and the 'difficult new neighbor,' who, like us, occupies an end house, could use a portable ladder to get on the roof. ( The house has two stories )"

There is a reciprocal right of way, but this only applies to the driveways and walkways surrounding the shared house. There is no provision for shared access across our property, for example to reach the roof.

Subject to the accuracy of the information provided and noting that legal advice in Germany is reserved exclusively for licensed professionals, I would say that you can refuse your neighbor access via your ladder and instead ask them to use their own double casement window. In my opinion, the easiest way to avoid neighborhood disputes is simply to remove the ladder 😉

Kind regards