Right of Way and Legal Standards
Questioner
I have a right of passage over my neighbours' property. Is there a legal minimum width for the passage? Does the path of the passage have to be paved according to the law? Another neighbour's property borders the passage and he has a shed against the property line. Are they allowed to put the door to the passage against this shed? I have heard that sometimes a metre has to be kept free, when is that?Lawyer
There are no legal standards for the width or nature of the road surface of a right of way or level crossing. You may use your neighbour's plot as described in the deed establishing your right and your neighbours must allow this use, no more and no less. Of course, a right of way (i.e. a right to only be allowed to walk across your neighbour's property) results in a narrower path than a right of way, which means that you are also allowed to drive vehicles across your neighbour's land. If no arrangements have been made regarding paving, you may pave it yourself if not paving would make use of the property virtually impossible / would lead to damage to the neighbours' property. I am not aware of anything about keeping a passage of at least 1 meter free. If the other neighbors do not obstruct your use, I do not see how you can oppose their use as described, unless they use a work that you have constructed and that is necessary for your use (such as a road surface). That is not allowed...Neem de volgende stap
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