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A bold yellow road sign bisects Lochmühleweg in Spiezwiler BE. “Up until a few days ago the queue was still white. But because the judge decided I should remove the white line, I painted it yellow,” explains Peter Allemann, 69, with a sly smile.
The yellow line is supposed to represent the property line, not the parking lots: this has been a point of contention between the retiree and the municipality of Spiez BE and a builder for nearly six years.
The story began when a local builder planned and built apartments on the neighboring property. “My wife and I had nothing against the new building, as the garage and visitor parking spaces had to be accessed from a different road and therefore we did not have to wait for any additional via traffic,” explains Allemann. “But while on the bike tour, we saw a big poster: Visitor parking spots were suddenly drawn up next to our plot, and apparently the municipality later approved it.”
Car as barricade – show!
The couple immediately objected: “We don’t want traffic on our property.” Until now, Bernese Oberlanders lived in a traffic-free cul-de-sac. At the time of the appeal, Allemann assumed he had good cards: his property included part of the access road, which, according to him, was entered in the land registry only as a “path” and not as a “driveway”. Also, if you weren’t allowed to pass through the couple’s property, the road would be too narrow for cars.
Allemann was angry: “For a long time, nothing went right. So I parked my car twice on my property so the new builder couldn’t get through – and then he reported me directly to force it.” However, the judiciary later acquitted Allemann. Meanwhile, the retired plumber also received a judicial ban from the city of Spiez for driving on his property, which the builder and four other residents resisted. Due to the ongoing legal process, the couple covered the ban sign with a t-shirt meanwhile.
The land was not sold
There are always problems with traffic in Switzerland. Blick reported the interesting case of Maienfeld GR. David A., who lives here, closed the street in front of his house first with a Pinzgauer and then with wooden doors. A. argued with the congregation and went to court. The courts are now also dealing with the Zoff in Spiezwiler case.
So is the community itself. They finally wanted to buy the parcel from him, Allemann explains. But that didn’t happen. He says: “The municipality is trying to trick us so that the client can build their own parking lot. By the way: He was once on the construction committee.”
“Allemanns parks illegally on a public street”
Upon the couple’s allegations, the municipality of Spiez issued a written statement: “Lochmühleweg is a parceled municipal road. A very small section of the street is the private property of the Allemann couple and has an easement in favor of the local community. The easement is as follows: public right of way in favor of the municipality of Spiez.» The construction and traffic directorate and the administrative court interpret this statement as a right-of-way issue – this view is shared by the community.
The owner of Lanz AG, Spiez, behind the construction project, finds even clearer words in his statement: “The fact is that Allemanns have been illegally parking on a public street for years and are therefore illegally blocking the passage of residents.” The entrepreneur also writes: “I expect the Allemanns to comply with applicable law in the future.”
“We will fight to the end!”
Peter Allemann replies: “These are all lies! Worst of all, the judiciary still believes these lies.” It shows a glimpse of old documents proving the easement agreement – but there is no mention of a right of way, just a “public right of way”.
However, according to Peter Allemann, Zoff’s final word in the parking lot has yet to be spoken: “We’re taking the court decision to the next level. A path cannot suddenly become a road. My wife and I will fight until the end for our right.”
Source : Blick
I am Dawid Malan, a news reporter for 24 Instant News. I specialize in celebrity and entertainment news, writing stories that capture the attention of readers from all walks of life. My work has been featured in some of the world’s leading publications and I am passionate about delivering quality content to my readers.
