Many homeowners make this mistake. They may pay dearly for it
The green belt next to the fence does not always belong to the plot owner. Some activities may require the consent of the road manager.
Many property owners assume that the green belt located right next to the fence automatically belongs to their property. In practice this is not always true. The boundaries of the plots determine where private property ends and public land begins, and cannot be determined solely on the basis of the course of the fence or the appearance of the area.
To determine the actual course of the borders, you should refer to geodetic documentation. A cadastral map or an extract from the land register may be helpful. Information regarding real estate can also be found on government websites, but for legal purposes official surveying documents and findings of the competent authorities are of key importance.
The green belt next to the property often belongs to the road
In the case of properties located next to public roads, the plot border very often coincides with the beginning of the road. According to the regulations, it is a designated area of land with the space above and below its surface, intended for a road and related facilities.
The right-of-way includes not only roadways, sidewalks and bicycle paths, but also roadsides, drainage ditches and insulating green belts. This area is public property and is managed by appropriate institutions, depending on the road category.
The green belt next to the property does not give full freedom of action
If the area in front of the fence belongs to the road, the property owner cannot treat it as his own plot. The regulations prohibit activities that could affect the condition of the road, its facilities or traffic safety.
In practice, this means that planting trees and shrubs, placing flower pots, decorative elements or transforming the area into an additional parking space may require the consent of the road manager. Without appropriate permits, it is also prohibited to fence off such an area or use it for other private purposes.
There are penalties for occupying a road lane
One of the most common mistakes is to arrange the space in front of the property yourself. Many owners consider it part of their property, even though it formally belongs to the road.
Any occupation of such an area should be agreed in advance with the road manager. The regulations provide that for occupying a road lane without the required permit, a fine may be imposed amounting to ten times the standard fee for occupying a road lane.
Who is responsible for maintaining the green belt on the property?
The rules for maintaining order are specified in the regulations regarding cleanliness and order in municipalities. As a rule, the owner is responsible for his own property and, in certain cases, also for the adjacent sidewalk.
However, if the green belt is part of a road or other public area, the obligation to maintain it rests with the relevant public entity. Most often, this will be the commune or the road manager. Residents may, however, report to local authorities cases of negligence related to maintaining greenery or order in such areas.
