Right of Way: Your Questions Answered

Questioner

Hello Behind my yard of 1800m2 there is a piece of land of 5000m2 that has the right of way over my yard. Now recently my neighbor, whose property this piece of land also borders, bought this land from the farmer. Isn't it logical that the right of way should lapse?

Lawyer

the right of way does not expire if it concerns a property right that is registered in the land register and included in the notarial deed. If not, then it concerns a personal right that can in principle be terminated quite easily. However, it would be possible to assume that your right of way has existed for more than 20 years. In that case, a right would have been acquired by prescription.

Lawyer

The right of way as you indicate it does not simply expire. If the neighbour no longer has a reasonable interest in exercising the easement (for example because he has his own access) you can ask the court to lift the easement. If you have legal assistance insurance, I advise you to report the matter to your insurer. Success!