I have a question about easements, which, according to Article 5.74 of the Dutch Civil Code, must be exercised in the manner that is least onerous for the servient estate.

Questioner

Dear Sir/Madam, To get to my house and my neighbours' house, you have to cross a bridge that is over 2 metres wide. That is the only access. This bridge runs straight parallel in a strip of land of about 2 metres wide between my neighbours' house and my house. Of this strip of 2 metres and of the bridge, about 30 cm is my property, the rest is my property from the neighbors. The deed contains a passage under the heading 'easements' that speaks of 'easements of road on both sides at the expense of the bridge and the path between the houses, to come and go from and to the public road and other parts of the dominant property'. Directly across the bridge I can reach my front door. If I walk a little further via the strip of land between the houses I have access to my garden, garage and therefore also the back door near the kitchen. This situation is the same for my neighbours, but then mirrored. According to Article 5.74 of the Dutch Civil Code, an easement must be exercised in the manner that is least onerous for the servient estate. Now my neighbours are of the opinion that on the basis of this article I may only use my back door when necessary, for example with a (motor)bike or wheelbarrow. However, that any use that can go through the front door, for example with a bag of groceries or for example visitors that come by, must go through the front door. This is because it would cause them unnecessary inconvenience if this goes through the back door. Is this correct? - The neighbors do not see or hear me when I use the path from the back door. I do not think there is any nuisance; - The deed does not contain any additional restrictions. It talks about coming and going to and from the public road and other parts of the plot. There are no further restrictions on the manner in which and under what conditions. Kind regards,

Lawyer

You and your visitors may come and go as you please and reach your home via the back entrance as you wish.