Easement and Cadastral Boundary: Your Legal Strength

Questioner

By means of a settlement we must together with the neighbours have an easement recorded at the notary. The costs are shared. We are the dominant property where a door and windows of our building are. There has to be a path to this so that we can reach the door and windows. Now there is no path but 'decoration' of the neighbor. So that I have to go well over their land to reach the door. I can't reach the windows, unless I remove her things. Should we lay a path? Should we remove the 'decoration' ourselves? We would like to use this door as access to a workspace. What exactly do we need to have recorded by the notary? Thank you in advance for your response

Lawyer

I think it is important to jointly appoint a notary as soon as possible and ask him to record your agreements. You can of course contribute everything you think is necessary and you do not have to sign the notary's deed until it is to your satisfaction. If there are problems and ambiguities, you may have to conclude that the settlement is not correct and/or incomplete and then additional agreements will have to be made. If desired, I may be able to help you with this.

Questioner

now the cadastral boundary also needs to be adjusted. The neighbors get land from us. Now the neighbours' house is for sale. And they want to have the cadastral boundary measured. So that the land is theirs on paper. Value-increasing for the sale. The rest of the verdict is not discussed. Their real estate agent also spoke to us about this. He could have charged any land registry costs to the new sellers.... But we get the right of way. What needs to happen first? Have the measurement or right of way recorded. Because of the new boundary, we get trees from the neighbour. The neighbour has let them grow and they are now 15 metres high! He verbally promised that the trees would be cut down. Now he is going back on it. He wants to do as little as possible to the garden etc. in connection with the sale. This is not included in the verdict. If we have to cut down those trees, there will be considerable costs involved. Should we agree to this? I think we have already done a considerable job and I do not feel like paying for more expenses and work because the neighbours refuse. And I'm afraid that if the land registry has been, I won't get the neighbors to the notary... and the judgment is not transferable to new residents. And we don't want any hassle with possible new residents.

Lawyer

I'm afraid you've lost me for a moment. Earlier you were talking about a settlement and now it's about a verdict. These can go together, but it's not obvious. If you have actually reached a settlement, i.e. that you have settled your affairs yourself (possibly with the help of your lawyer or legal expert) without the judge having decided on it, then quite a few elements have been overlooked. The most obvious thing to do is to sit down together again to make binding agreements.