Is it wise to sell the right of way to someone else?


Questioner

On my plot there is a right of way for 4 other plots. 2 of them are out of my sight and therefore not important. The other two are allowed to walk through my garden in principle but they (almost) never do this. They have an alternative. Now one of the two wants to start a B&B and then unknown guests will walk through my garden. I don't like this but I actually have no use for that piece of land anyway because I have to keep it free as a passage. Now I thought of selling the piece of path to the B&B plot owner and that I can then use the path. I will then replace a fence so that I can guarantee my privacy. My question is whether this is wise. I can use the money from the sale for a major renovation/repair to my house that is coming up. Or should I even try to lift the right of way because there are other options for parties to reach their plot? It is ambiguous; should I insist on my rights and forbid guests from a B&B to walk through my garden (fence needed) or do I use the situation to have a financial injection to have a much-needed repair done to my house by selling it? Would the value of my plot and house also be slightly higher if there was no longer a right of way on my plot and I became a user of the path? I think it's a difficult situation, maybe someone has a tip. Thanks, Sjoerd Moolenaar

Lawyer

The guests of a new B&B to be established may not use the easement because unless otherwise determined, that right does not go so far as to also allow guests who make exploitation of the entitled person's house possible. Certainly because there is a good alternative and no actual use has been made of the path, you could request to lift it. (for the two non-users)

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