Easement of Road: Your Question Answered

Questioner

How far does an easement of way that is recorded in a mortgage deed extend? I assume that it applies to the dominant and servient parcels mentioned in the deed, but I would like to know whether this easement of way also applies to adjacent parcels, if the owner of a dominant parcel is also the owner of the adjacent parcels not mentioned in the mortgage deed?

Lawyer

How far an easement extends and what exactly applies depends entirely on what is included in the notarial deed. You can obtain insight into the easement at the Land Registry. All the information required to answer your question is included there. You can look at the Land Registry website: https://www.kadaster.nl/web/show

Lawyer

Day, No, the easement belongs to a dominant and servient estate, it can be different through mixing, but that is a cadastral matter.

Lawyer

No, the easement only applies to the plots of land mentioned in the deed of establishment.

Lawyer

So if you own several plots of land, it is a good idea to list them neatly: (a) on which parcels or plots am I a servient estate, because there is an easement on them? (b) on which plot or plots of land am I the dominant owner, because I have an easement, for example a right of way? (c) which parcels of land owned by me are free of easements? If you want to add the plots under (c) to (a) or (b), you will have to go to the notary (again) (together with the neighbours concerned) to have this recorded. Likewise, if you want to add plots from (a) or (b) to (c), you will also have to go to the notary, together with the neighbours.