cost sharing
A public cycle path was built by the municipality along the east and south side of my property. Do I have the right to compensation if my property is dirty and my lawn is damaged due to clearing work in winter? Can I ask the city to contribute to the erection of a fence?
As long as the cycle path is not on your property, you have no legal recourse against its construction. However, if it can be proven that the cycle path and its users cause substantial soiling of your property that exceeds the usual local extent (e.g. due to users of a sidewalk), you could demand that the municipality take appropriate measures to remedy the situation. I don’t see a legal entitlement to receive a share of the costs for a fence in advance.
Electrical Findings
In the case of a rented apartment, the landlord must check the safety of the electrical system, at least in the case of new rentals. What is the legal situation in the cooperative sector? Is the landlord required to check the safety of the system, which was often built a long time ago, and have it renewed if necessary?
The legal situation for rental agreements with non-profit cooperatives (cooperative usage agreements) is no different than for “normal” rental agreements. When concluding a new rental agreement, the landlord must ensure, in accordance with the provisions of the Electrical Engineering Ordinance, that the electrical system in the apartment complies with the provisions of the Electrical Engineering Act. During the existing contractual relationship, the landlord is not obliged to carry out recurring proactive checks.
Land ownership
We live in a cooperative terraced house on a side street. There are no sidewalks. The section between the road and the fence varies in width and consists of grass, slabs and concrete areas. Part of this area is used as a parking lot. Our road including rainwater drainage will be renewed this year. Who is responsible for renewing the section between the road and the fence? Who does the snow removal? The cooperative hired a company to clear parking lots and paths, but not this part. Who is liable for falls and injuries? Is there any legal reason not to renovate the area yourself (at your own expense)? Do we then have to clear out in winter and be liable if someone gets injured?
It primarily depends on whether this section is part of the real estate property of the cooperative or whether it is already a public good. The respective landowner would then be responsible for renewal and maintaining a safe condition. Irrespective of who owns the strip, according to Section 93 StVO, the respective owner of the adjacent property is obliged to clear a strip at least one meter wide along the street of snow if there is no sidewalk or if there is snow and to sprinkle on ice. Unless this obligation was contractually transferred from the cooperative to you, the cooperative would be responsible for it as the landowner.
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