{"product_id":"vragen-55530-geachte-meneer-mevrouw-in-1977-is-er-door-degene-waarvan-wij-het-huis-in-1992-hebben-gekocht-een","title":"Easement: your rights and options","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear Sir\/Madam,\n\n In 1977, the person from whom we bought the house in 1992 granted a servitude regarding:  \n“The seller grants, at the expense of the portion of the right of the said plot of land remaining to it and for the benefit of the portion of the said plot of land sold to the buyer, an easement entitling the owner of the dominant property to come and go by car over the path located on the portion of the said plot of land remaining to the seller to the garage to be built by the buyer and located behind the house to be built by him.\n We bought it in 1992 and were not informed of this easement at the time. Up until this past Monday, we were not aware of this easement. It is also not in our purchase contract.\n Now the 3rd owner (our neighbor) wants to drive his car to the garage over our yard. The neighbor was even thinking about driving his car into his garden.\n He then wants to remove the fence that is on the property boundary.\n Our neighbor has been the owner since 2004 and neither the previous residents nor our neighbor have ever been to us for this easement. \nThe garage has never been used as a garage but was initially designated for habitation by the son of the first owner who received the easement in 1977 and not by the resident thereafter.\n Our neighbor has been the owner since 2004 and he has never been to us for this easement.\n The problem is that we have sold our house since April 27th and we have signed the provisional deed of sale. The official transfer is on August 25th. The\n We have not yet informed the new owners.\n Our question is: has this easement expired? And is this a personal easement?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n It is strange that you were not aware of the existence of the easement. Perhaps something went wrong when establishing the easement or, as you indicate at the end of your question, there is only a personal right. However, the text you quoted does not indicate this. This should be investigated further. \nUnder current law (introduced in 1992) an easement can no longer be extinguished by prescription, a notarial deed or a court ruling is required for this. More research is needed to give good advice in this matter.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005881499997,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-55530-geachte-meneer-mevrouw-in-1977-is-er-door-degene-waarvan-wij-het-huis-in-1992-hebben-gekocht-een","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}