Rights and obligations of the right of way: free legal advice


Questioner

I have to grant right of way to neighbours. Now I have placed a boundary fence whereby the way has become an alley. According to the cadastral plan, the back of the adjacent barns is level with the back of the associated plots. Therefore, I have taken measurements from those barns to meet the width of the way (1.50m). The alley is currently not 1.50m over its entire length because there is a hedge between the neighbours' sheds that has grown in my direction over the years. Now the neighbours claim that my path is too narrow because according to them there is still 30 cm of land behind their shed that belongs to them. In my opinion it is due to poor maintenance of their hedge. It becomes extra difficult because the neighbours with whom the dispute exists, started using (my) path outside the deed at a later time (but before the time of my purchase). As a result, there is nothing on paper about rights or obligations from their side. To ask; -Who is right in this? -What are the rights and obligations of wayside users that are not mentioned in the deed? -What is the advice on how to deal with a legitimate crossing user who experiences inconvenience from the crossing being too narrow? (3rd party)

Lawyer

If the deed of establishment does not specify how the easement should be exercised, local custom applies. In addition, if an easement has been exercised in a certain way for a considerable period of time without objection, this method is decisive in the event of doubt. In other words, if there has been a path for a longer period (10 years or more) with a width of, for example, 1.50 metres, this width applies and you cannot reduce it to 1.00 metres without consent. In addition, the general rule applies that an easement should be exercised in the least onerous way. Because both you and the users benefit from clarity, I advise you to enter into an agreement with the users in which agreements are recorded on the manner in which the easement will be exercised in the future. This agreement can then be elaborated in a notarial deed. For further explanation, you can contact me directly.

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