{"product_id":"vragen-73679-mijn-buren-en-ik-hebben-een-aan-elkaar-grenzende-oprit-die-wordt-gescheiden-door-een-betonnen-band","title":"Legal assistance with property boundaries and neighborhood disputes","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n My neighbors and I have an adjacent driveway separated by a concrete barrier. My driveway is longer than my neighbors'.\n The neighbors park their car in their driveway.\n The neighbor has a recumbent bike and can therefore not ride it past his car on his driveway.\n Because of this, he often cycles across my driveway.\n Now the relationship between the neighbors and me has deteriorated to such an extent that I'm installing a white wooden fence. This means that when the neighbor parks his car in his driveway, he can't get past his car with his recumbent bike.\n He is now invoking the right of inheritance and wants to prevent me from placing the fence.\n He's blocking his own driveway, so he can just park his car in the parking lot across the street when he wants to go out on his recumbent bike.\n The question now is: am I allowed to place the fence and am I actually dealing with a property-friendliness issue?\n Please respond.\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nIf there is an easement, you are obligated to tolerate it, and the neighbor is therefore allowed to use your property. If no easement exists, they must provide their own driveway. You can erect a fence on your property for your own privacy. If you cannot reach an agreement (yet) and a legal dispute arises, please contact me immediately for consultation.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n What I'd like to know is that if no easement has been established, can the neighbor invoke an easement that arose by prescription? Because he's been using my driveway occasionally for years?\n He obviously does this out of convenience because then he doesn't have to move his car.\n Therefore, there is no need for him to use my driveway.\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nPrescription is possible. If the easement already existed and there were no objections to it, possession of the easement is effectively established. As the owner, you do have a right to terminate the use, but this right expires after 20 years if the neighbors are not acting in good faith. If they are acting in good faith, the prescription period is 10 years.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n If you read my first post, can you conclude that there is or could be an easement, or is this not the case at all, because the use of my driveway was purely out of convenience and not necessity? It should be noted that I haven't been able to determine how often this has happened. I see it occasionally.\n It is not clear to me whether an easement could have arisen from this situation.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Can I place a fence on my driveway without the risk of having to demolish it later?\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n ..\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nAs you stated, it's not necessarily an easement. The point is whether you tolerated cycling through your driveway for a long period, at least 10 years. Because then, prescription may apply if it's an easement. The neighbor is primarily responsible for ensuring there's enough space in their driveway for cycling.\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":56301843251549,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-73679-mijn-buren-en-ik-hebben-een-aan-elkaar-grenzende-oprit-die-wordt-gescheiden-door-een-betonnen-band","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}