Legal Question about Easements and Garden Furniture
Questioner
I have a small terrace on the water at the back of my house. On this there is an easement of foot and crawl path to come to and go from the public road in the existing way. After I have been away for a while, my garden furniture is moved to a different location by the resident of the main property, because the son of the house now wants to cycle past it, something that was never the case before. He started doing that during the period when I was absent. I have no objection to walking across my property and that is easy if my garden furniture is there as I have placed it. If someone wants to go through with a wheelbarrow I will allow that too, but with a bicycle in this case it is very difficult. My question is: can my garden furniture be moved without my permission and does the easement also apply to a bicycle?Lawyer
Whether the easement may also be used by bicycle depends on the exact wording in the deed of establishment. You indicate that it concerns a footpath and crawl path. In the past, it was often added that the easement may also be used by hand-carried bicycles and prams. Again, this may be worded differently in the deed of establishment. Furthermore, the deed of establishment apparently states that the easement must be exercised in the existing manner. This means the situation as it was at the time the easement was established. If there was a path where the terrace is now, the easement must be exercised at that location; relocation is only possible by notarial deed or by court order. As for moving the garden furniture: the deed must also be consulted for this. Does it state that no obstacles may be placed on the path or that the passage must remain clear? In that case, you must adhere to this. If the neighbour cannot pass, he must first request that you move the obstacles before doing so himself, unless there is an emergency.Neem de volgende stap
Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.