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(Akt. 21.11.2020 09:19)
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©VOL.AT/Mayer
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A woman from Dornbirn turns her car around in a private cul-de-sac in Hatlerdorf and shortly thereafter receives a lawsuit against property damage. Lawyer Clemens Haller justified the lawsuit in the VOL.AT conversation.
A woman from Dornbirn was amazed when a property disturbance complaint fluttered into her house recently. She was asked to pay around 240 euros. The reason: She had driven on a private road and used it to turn around. When she picked up her husband, she said she had “mercilessly lost”. “It was getting dark, the overtired child was crying inconsolably in the back seat, I had absolutely no plan and my husband on the phone tried to navigate me,” the woman affected told VOL.AT. “It was raining, the visibility was poor. Apparently I unknowingly drove into a private road in Dornbirn Hatlerdorf.” When this turned out to be a dead end, she had no choice but to turn around.
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©VOL.AT/Mayer
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Beware of private property
The woman from Dornbirn turned to her legal protection insurance. This was for a one-time oral legal advice from a lawyer. “Unfortunately, there is nothing you can do about that,” he said in an interview. There was nothing she could do but pay to avoid legal action. At least there was a ray of hope for those affected: The plaintiff’s lawyer had forbearance and made a small estate possible for her. Just like the woman from Dornbirn, other people from Vorarlberg always fare too. Anyone who unknowingly or due to carelessness drives into a private road or stops in a private parking lot must expect a property damage lawsuit.
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If you park in a private car park, you can expect a property infringement lawsuit. Image: VOL.AT/Mayer
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Protection against unauthorized interference
“The law actually protects me as the owner from any unauthorized interference by another person,” explains Dornbirn lawyer Clemens Haller to VOL.AT. That plays a role in many areas of life. “In the case of parking lots or private paths, it is definitely a possession disturbance if I park the car on someone else’s property,” the lawyer explains to VOL.AT. This also applies to private meadows, in supermarket parking lots without the intention of shopping or when parking a driveway or another car. “Very important – and what many are not always aware of – is that there is no minimum time that one has to adhere to,” explains the lawyer. A few minutes or seconds can be enough here. “It is also relevant that I neither have to do it on purpose nor really have to be conscious of it.” It is important that you could have recognized it.
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Take care of the matter
A property disturbance action is often preceded by a letter from a lawyer asking for a certain amount to be paid and for a declaration of cease and desist. In most cases it is advisable to contact the plaintiff’s lawyer. “It is always important to take care of the matter,” says Haller. That one might also try to achieve a reduction in costs and issue a declaration of discontinuance. If the lawsuit is already on the table, it makes more sense not to go to court, but rather to pass a default judgment. “In some constellations it can make sense to fight it, but I would definitely recommend legal advice,” said Haller. For example, when the situation is ambiguous or when it is only a matter of a few centimeters or seconds. “Not paying at all is very difficult in most cases. At most it can be a little less,” says the lawyer in conclusion.
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