Right of Way: What to Do in Case of Poor Access?

Questioner

I have the right of way. The road I have to cross is in very poor condition. I want to improve it, but the owner of the land doesn't want me to. They say I'll do it when I have the time and inclination. Do I have the right to do it myself, and in the manner and with the materials I choose?

Lawyer

The question of who is responsible for maintenance is usually stated in your title deed under the heading "Easements." If there's nothing about maintenance there, the law applies. It stipulates that you are authorized to carry out maintenance and other work on the land of the owner over whose land the right of way passes. If the owner refuses, they can be compelled by the court to cooperate.

Lawyer

The landowner must allow you to exercise your right of way unhindered. If you are unable to properly exercise your right of way—for example, if the road is in poor condition—you may, at your own expense, carry out any work necessary to benefit from your right of way. For example, you may pave the path. This is stipulated in Article 5:75, paragraph 1, of the Dutch Civil Code. You are therefore obligated to maintain the paved area.

Questioner

I forgot to mention one thing: the owner also uses part of the path. Does this change the situation?

Lawyer

No, the law makes no difference on this point.