Right of way: Can my neighbor move my bicycle?


Questioner

For two years I have been living in a house with a driveway adjacent to it. It is a kind of recess in the terraced houses and the house I live in is behind the house of one of the neighbours. The driveway is again the property of the other neighbours where I have 'right of way' towards the shed and a strip of 1 metre along the house (and therefore that of the one neighbour) to reach the road Now, when I come home and also have to leave, I sometimes park my bike next to the wall at the side of the house, the wall that also borders my neighbors' house. The neighbor who lives there always takes my bike away roughly because it should not be near her house because then the stones of the wall could fall. (By the way, the bike is just on the stand and not against the house) She also regularly curses me for all kinds of things and she regularly stands in front of the door shouting because of this. Now my question is, can she just say that I can't put my bike there? In principle, it is my landlord's/the other neighbors' own property

Lawyer

If there is a 'right of way', this only serves to come to and go from the public road and the placing of bicycles, vehicles or goods is not permitted, which does not mean, however, that others may move or remove these items without prior warning. If the right of way is included in a notarial deed (easement), then the rules applicable to the right of way are included in it. In general, it is stipulated that no bicycles etc. may be placed there. I understand that this concerns rental properties so that there may not be an easement, but perhaps something is included in the rental contract.

Lawyer

The right of way does not include the right to park your bike. So if you put your bike on the way, even for a short while, this is in conflict with the right of way. It is possible that your angry neighbor also has a right of way over the other neighbors' property and that she feels hindered in exercising this right by your bike, which in her eyes is in the way. The behavior of your angry neighbor (as you describe it) is of course unacceptable, but if you no longer park your bike on the roadside, you will no longer give her any reason for her 'bad behavior'.

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