{"product_id":"vragen-54159-wij-wonen-op-een-hoekhuis-en-de-naast-gelegen-woning-heeft-via-ons-achtertuin-een-recht-van-voetpad","title":"Easement: Your rights and obligations","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n We live on a corner house and the house next door has a right of way through our backyard to get to and from the public road in the least objectionable way. (easement)\n The adjacent house has its own front door at the front of the public road.\n\n We regularly see unknown people on our property visiting the neighbors around the back.\n The relationship between neighbors is not really good.\n\n The question is whether everyone who visits the neighbors (friends, family, etc.) may use this easement.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nFirst of all, it is decisive how the easement is described in the deed in which it is established. It is often stated there in so many words that visitors to the dominant property may also use the easement. If that is the case, then the visitors of your neighbours have the right to walk through your back garden.\n\n If the establishment has not made any provisions regarding visitors, then in my opinion the least onerous manner would be to allow visitors to enter the building through the front door.\n\n However, it should be noted that if nothing has been arranged when establishing the easement, this will be determined by local usage, and the content of an easement will be determined by the manner of exercising it over a considerable period of time. The neighbour may be able to appeal to this.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your clear answer.\n\n The easement is described as follows:\n \n…the easement of a footpath to enter and exit the public road in the manner currently existing.\n\n We have had the house for a year now. In that year, the easement has only been used to bring waste bins to the public road every week. In addition, the boy next door walks across our property about once a week because he can't open his front door.\n\n Recently, however, the use by the boy next door has increased. Friends walk along (sometimes without the boy next door), the babysitter walks along. Also because the neighbors do not have a doorbell. We tell the boy next door that this is not the intention. We have also indicated this to the woman next door. However, she is of the opinion that this is allowed and that they have been doing it this way for a long time.\n\n We plan to put a lock on the gate. This is also at the request of the neighbours. In the past there was also a gate with a lock. But we only want to give 1 key that cannot be copied.\n\n I still have the following questions.\n \n1. Are visitors from the neighbors allowed to use the easement?\n\n 2. Can we only hand over 1 key that cannot be copied? (a family of 4 lives there)\n\n 3. Will they be allowed to use the easement more intensively in the future, for example by walking bicycles?\n\n 4. What is wise to do now given the above situation?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The first question cannot be answered without further research. It is about the use over a longer period, so several years and also the local use is decisive, I am not familiar with this. See my first answer.\n\n You must ensure unhindered and unimpeded use, so you may place a lock but must hand over a key. Whether that may be 1 key or whether there must be several is also impossible to say without further investigation into the case law, such an investigation is however outside the free service via Rechtswinkel.nl.\n\n The answer to the third question depends on local custom (see above).\n \nI advise you to simply sit down with your neighbours and make clear agreements.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005970530653,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-54159-wij-wonen-op-een-hoekhuis-en-de-naast-gelegen-woning-heeft-via-ons-achtertuin-een-recht-van-voetpad","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}