Easement of car parking lane: Your rights


Questioner

Good afternoon, we have purchased a (new-build) house with a backyard that opens onto a parking space yet to be constructed (the dominant property). We own 1/35th of this, and a homeowners' association (VvE) is being established for it. Currently, some houses are required to also have a parking space on their own property (i.e., in the backyard, as a serving property). Could you explain how "mandatory" this is and what the consequences are if this is not enforced? Here is the text from the agreement: Easements will apply under which the owner of a building plot (concerning building numbers 1 to 7 inclusive) is required to have a parking lane at the rear of the house as a servient property, as indicated for the houses to be built on to tolerate and maintain the previously reported drawing with reference number XXXXX and not to use it otherwise than as parking lane for motor vehicles. These easements will be established at the expense of all plots with a parking lane at the rear of the house as serving yards, and the adjacent plot, which will be intended as a shared parking lot, as a dominant estate.

Questioner

Does this concern an easement for public parking for guests or residents? This is enforceable both personally and commercially. Failure to comply constitutes a breach of contract, and you can be ordered to cooperate by a court order, or the court may grant substitute permission if you refuse, including for transport if that hasn't already occurred.

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