Definition and Significance of an ‘Anlieger’ (Property Adjacent Owner)
The Term Anlieger designates, in German law, a person who is the owner or holder of a real right in a property that directly borders a public road, path, square, body of water, or similar structure. The special status of an Anlieger is particularly significant in public law, road and path law, water law, building planning law, and neighboring law. Below, all relevant legal aspects of the term “Anlieger” are comprehensively explained.
Anlieger in Road and Path Law
Definition in Road Law
In road law, the concept of Anlieger is central, as it entails both rights and obligations. A person is considered an Anlieger if they own land that directly borders a public traffic area or is connected to it via an access road or pathway.
Legal Foundations
- Federal Trunk Roads Act (FStrG) und State Road Acts: Define the status of Anlieger in context with road construction obligations, development, and contribution duties.
- Road and path law (e.g., Federal Trunk Roads Act, State Road Acts): Refer to Anlieger in the context of Anlieger use, development, and special use.
Rights of Anlieger
Anlieger enjoy special use rights regarding public traffic areas. This so-called Anliegergebrauch (Anlieger use) includes the right to use the road for accessing and reaching one’s own property. In addition, the following rights may arise:
- Right of access and entry: Anlieger are permitted to use the public way to access their property.
- Right to proper road maintenance: They can demand that the public road is maintained in a condition that ensures safe accessibility.
Many traffic regulations, including the traffic sign “Anlieger frei” (sign 250 of the road traffic regulations with an additional sign), are linked to this legal status.
Obligations of Anlieger
The status of Anlieger also comes with burdens under road law:
- Street cleaning and winter service duties: In most municipalities, Anlieger are required to clean and clear snow as well as to remove ice along the boundary of their properties (§ 41 a StrG NRW, corresponding regulations in other states).
- Anlieger contributions: Owners or beneficiaries of properties connected by a road may be required to bear expansion contributions under the municipal taxation laws of the states (e.g., § 127 BauGB).
Anlieger in Water Law
The term Anlieger also appears in water law. Here, it regularly refers to the owner of a property bordering a surface body of water.
Rights of water-side Anlieger
- Anlieger use under the Water Resources Act (WHG): Anlieger may, within certain limits, extract or divert water from bodies of water bordering their property for their own needs, provided that no detrimental effects on the body of water arise and public interests do not prevail (§ 26 WHG).
- Right of necessity for access when there is no road connection: If a property borders a body of water but not a road, Anlieger may, under neighboring law, assert the so-called right of necessity for access (Notwegerecht).
Obligations of water-side Anlieger
- Bank maintenance and flood protection: Anlieger of surface waters are often required to undertake maintenance measures and tolerate flood protection measures (§ 41 WHG).
- Obligations of toleration: Culverting, renaturation measures, and maintenance of banks may lead to obligations of toleration.
Anlieger in Building Planning and Development Law
The term Anlieger appears in building planning law particularly with regard to development contributions and the distribution of costs for the construction or improvement of roads, paths, and other public facilities.
Development contributions
- Owners of properties that benefit from the construction or improvement of a public road are considered Anlieger and share in the costs (§§ 127 ff. BauGB).
Legal position in planning approval procedures
- During planning approval and development plan procedures, Anlieger have participatory rights, for example, to be heard and to make representations if structural measures affect their property use.
Anlieger in Neighbor Law and Private Law Aspects
The term Anlieger is also relevant in civil law, such as neighbor law or special regulations regarding the right of necessity.
Right of necessity
- Properties without a connection to the public road network may, under certain conditions, claim the right of necessity over another person’s property (§ 917 BGB). The entitled persons are generally the respective Anlieger of the developed property.
Boundary distances and effects
- Neighbor law regulates the extent to which Anlieger must tolerate or can oppose effects such as noise, odors, or shading from neighboring buildings.
Anlieger in Traffic Law
In traffic law, the term Anlieger is primarily used in the context of traffic regulations.
Traffic regulation “Anlieger frei”
- Traffic signs with the supplement “Anlieger frei” restrict usage, for example, to residents, owners, tenants, their visitors, delivery persons, or tradespeople who have a legitimate reason to access the respective property.
- Anyone who is not an Anlieger may generally not drive on a road marked as such. Violations of this regulation constitute an administrative offense.
Summary and Distinction
The Term Anlieger covers various aspects depending on the legal context. What is essential is always the direct spatial relationship of a property to a public or private development facility (road, path, square, waterway). Rights and obligations arise from the relevant legislation, ranging from the development and maintenance of public facilities to the use of traffic areas and particular cost-bearing obligations.Distinction: The Anlieger must be distinguished from mere users or residents, whose rights and obligations are less far-reaching. The concept of Anlieger is clearly defined in numerous laws and forms a fundamental component of the structure of German public and private construction law, road law, and water law.
Frequently Asked Questions
What rights do Anlieger have in connection with public roads?
Anlieger have special rights derived from public law and the respective state road act. The main right of an Anlieger is the so-called Anliegergebrauchsrecht, which entitles them to use the public road adjacent to their property beyond the general use for purposes of access and entry to their property. This, for example, includes the right to use the road for property access by motor vehicles, for parking (unless prohibited by traffic signs), for deliveries, or for visitors. However, the Anliegerrecht may be restricted by regulatory measures, such as Anlieger or through-traffic bans, which solely guarantee access to the properties but do not grant an unlimited right of use. Any special use exceeding the general use (e.g., placing a container) generally requires a permit.
To what extent can the municipality involve Anlieger in road construction or development costs?
Anlieger may, under municipal tax law and applicable state laws, be required to contribute to the costs of construction, maintenance, or improvement of development facilities. The classic basis for this is the provisions of the Building Code (§§ 127 ff. BauGB – development contributions) as well as the municipal tax laws of the states, which provide for so-called road improvement contributions and recurring contributions. The scope of the obligation to contribute depends on the type, scope, and purpose of the construction measure as well as the direct benefit obtained by the property owners. Generally, a distinction is made between initial construction (development contribution), extension (extension contribution), and maintenance (usually borne by the municipality). After receipt of a contribution notice, Anlieger are entitled to legal remedies such as objection and action.
What obligations do Anlieger have concerning cleaning and winter service on sidewalks?
According to the street cleaning laws of the states and associated municipal ordinances, Anlieger are often required to clean the sidewalks in front of their properties, remove snow, and spread grit in icy conditions. These traffic safety obligations serve public protection and include both the removal of debris and timely and adequate clearing and gritting during winter. Precise regulations regarding the scope, frequency, and timing of cleaning vary by municipality. If Anlieger fail to meet these obligations and an accident occurs, they may be held civilly liable. Municipalities may also penalize violations as an administrative offense.
How can Anlieger proceed against restrictions of their access or entry rights?
If an Anlieger’s right of access or entry is unreasonably restricted by official measures (e.g., traffic signs, construction barriers, bollards), the Anlieger basically has recourse to legal channels. An application may be submitted to the relevant road traffic authority for restoration of access, a special permit, or exemption. If this is not granted, an objection can be filed and, if necessary, an action can be brought before the administrative court seeking the measure’s repeal. The prerequisite for success, however, is proof of an unreasonable impairment of the Anlieger’s use and the absence of overriding public interests.
What must Anlieger consider when demolishing or altering buildings that have a direct impact on the public road?
An Anlieger planning construction measures affecting the road area or sidewalk (e.g., excavations, scaffolding, construction vehicles on sidewalks or roadways) must observe public-law permit requirements. These include, depending on the measure, applications for special use permits under § 18 StVG (Road Traffic Act) or the respective state road laws, coordination with the road construction authority, and, if necessary, obtaining a traffic regulation order as per § 45 StVO. Compliance with conditions for safety and traffic protection and compensation for possible damage to the road surface are regularly part of the permit.
Is there a claim for the construction of a sidewalk or driveway for Anlieger?
There is generally no direct actionable claim for the construction of specific facilities such as sidewalks, parking spaces, or driveways. The type and standard of the road are at the discretion of the competent road construction authority, based on budgetary, urban planning, and traffic considerations. A claim might only be considered in cases of evident arbitrariness or failure to meet the intended purpose (e.g., a complete lack of secured access). In individual cases, lawsuits for proper development before the administrative court have been successful.
What special rules apply to Anlieger in traffic-calmed areas or Anlieger roads?
In traffic-calmed areas and streets expressly marked as “Anlieger frei,” only residents, their visitors, delivery personnel, and people with legitimate concerns (e.g., tradespeople, delivery services) are generally permitted to use the road. Violation of the Anlieger restriction is an administrative offense and may result in a fine. The term “Anlieger” is interpreted broadly in legal terms and includes not only property owners but all persons with a legitimate connection to the properties. The decision as to who qualifies as an Anlieger in individual cases is made by the administrative courts in the event of a dispute.
