Easement in purchase agreement: can I place containers?
Questioner
Hi, I have a section in my deed of sale about easement. The fact is that there is a kind of shed/barn between the house of the neighbors and me that has an easement on it. Previously you could apparently still walk all the way to the back of both houses, but this was closed off by my neighbors and added to their house (before I moved in here). Now the deed of sale states that the shed may be used for storing bicycles and the like. There is no exclusion of containers, for example. Now I would like to place my containers in the shed (4x2.5) because I saw that my neighbors have also placed their containers there (I have to go through my house with my container) and now my neighbors indicate that this is not allowed because I only have the right to place bicycles. Is this correct?Lawyer
It depends on how exactly the easement is stated in the deed. I assume from your description that you are the dominant property and the neighbours are the serving property and that the easement concerns a power for you to use the land of the neighbours. If your deed states that you may use the land/stable for parking your bicycles, then that does not include the power to also place containers there. But again, it depends on the precise wording of the easement in the title deed.Take the next step
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