Right of Way: Conditions and Advice


Questioner

Ir/Madam, I have a question regarding Right of Way, I am the owner of the house at the end of the 'dead end' path. Twenty years ago, I had a deed containing the establishment of easements and chain clause drawn up/made by the notary with the then other owners (3) of the houses on the path. This was in connection with the widening of the then cross path and the construction of the quay wall along this path. The easement states, among other things, the following: The parties hereby establish an easement - of the road for small means of transport and for their own use of passenger cars to come and go from and to the Hoofdweg in Echten for the benefit of the plots and numbers, etc. My question about this now is: may a driver of a company van/delivery van (loaded with goods/materials) drive on this path? On behalf of a resident of the path. (The surface of the path consists of peat with two lanes of paved surface). For example, thank you for your answer/reaction. Yours sincerely,

Lawyer

As you describe it, only small vehicles are allowed on the path. Small vehicles include cars anyway. But vans can also be considered small vehicles since they, like cars, differ in weight and size. Trucks and/or heavy tractors are in any case out of the question and are not permitted according to the deed. Everyone who needs to be at that address is allowed on this path, including people who work on behalf of these people. In this case, the rules should not be adhered to too strictly; if you do, there is a possibility that disagreements will arise between everyone and that is not what you want.

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