Legal Advice on Right of Way and Easement

Questioner

I have the following question. We have bought a house which is accessible by a gate and a path. This path is 2 meters wide and is our property. Both neighbors have the right of way (with bicycle or moped in hand). We would like to place some things in our path, such as bicycles and a few cabinets, but of course keep the path accessible for ourselves and the neighbors. Net there will always be about 1.40 meters left to walk through the path. One of the neighbors claims that the path must remain completely empty and threatens legal action. Are we indeed not allowed to put anything in our hallway?

Lawyer

The purchase deed (proof of ownership) of your home contains a provision for the path in question (easement or co-ownership). It describes what is and is not allowed. It is customary for it to state that the passage may not be obstructed and that no goods may be placed there. If such a provision is missing but it is stated that a strip of land with a width of 2.00 meters is intended to be used as a footpath, then that strip of land may not be used for anything else, including placing bicycles or cabinets.

Questioner

Thanks for the answer. Unfortunately, there is no provision in our purchase agreement regarding the width or whether or not goods may be placed. Only that the path may be used by neighbors for passage with or without a bicycle in hand. This seems open to interpretation and if we cannot reach an agreement with the neighbors, should this be determined by a judge? Is it then possible to predict with any certainty what the outcome of this will be?

Lawyer

I would need to review the exact text contained in the deed in order to make a ruling. If you wish, you can contact me directly.