Easement of Road: Your Rights and Obligations

Questioner

Dear, Let me first outline the situation before I can ask the question properly. We live in a detached house with a road next to it. The road is owned by us, but two neighbours (who live behind us) have a right of way to it. Next to us is also a detached house with its own road that gave access to two meadows. The owner of these meadows had to use his own road to get to the meadows (as a plot) because agreements were made in 1992 that our road does not offer an easement of road to these plots (meadows). Until recently, these two meadows were also owned by this resident. The situation now only arises that this resident has sold his house + meadows. In this case, the house + 1 meadow were sold as a package and in addition, one of the neighbours who live behind us bought the other meadow. In this purchase, only the meadow (as a plot) was sold without an easement of road. As soon as it was sold, they immediately had a dam between the two pastures removed, meaning they could no longer cross the old path. This pasture borders directly on the garden of the new owner. The neighbours who live behind us now also think that they have a right of way to the pasture since it is now one plot. Do they now also have a right of easement of way to the pasture. In other words, that they are allowed to use our path with agricultural traffic, while in the papers we do not grant a right of way to that plot in question (the pasture). At this moment, a good conversation with the neighbours in question is no longer possible, as a major neighbourhood dispute has arisen due to this dispute. There is therefore no possibility to sit down together and come to a compromise. Our question here is also: Have they now been granted the right to an easement of way since the pasture borders directly on the garden (and is therefore seen as 1 plot), or do the previous agreements apply that this plot (the pasture) may not be entered via our road? And is it possible that the neighbors, without any consultation with us, can simply turn 2 plots (the house and the pasture) into 1 large plot, which means that they immediately have the same rights to both plots? I look forward to hearing from you.

Lawyer

To answer this question, it is actually necessary to study the deeds in which the easements are established at the expense of your road. This concerns in particular the conditions that apply to the easements. In any case, it is the case that the rear neighbours may use the easement via the road to their own plot and then from their own plot back to the recently purchased pasture. Whether this is only allowed with passenger vehicles or also with agricultural vehicles depends on the conditions that have been declared applicable to the easement in the deeds; if it is not expressly stated there that the road may also be used with agricultural vehicles, this is not allowed.

Questioner

The documents clearly state that no agricultural vehicles may drive over it. They just think so and they hope that we will let it expire after 10 years. We just want to be as good as 100% certain before we start a lawsuit. So it can't be the case that because they bought the pasture it is now seen as 1 lot and they can do whatever they want?

Lawyer

No, the deed of establishment is decisive. If desired, you can contact me directly.