What are the rules regarding placing movable property on land where right of way applies?


Questioner

The previous occupants of my house deliberately left the part where I grant my neighbours a right of way very wide to allow easy access to a neighbour in a wheelchair at the time. This neighbour no longer lives there and my neighbours (6 households) have placed their bins here over the years. The path is still easily accessible, but there are now 18 bins. My small garden borders directly on the bin strip, which also belongs to my property. I would like to get rid of the bins here, partly because I fear odour nuisance. In addition, it would be useful if I could make a narrow, open shelter for my bicycle there. This would not impede the width of the path, because the bins mean that the path is now actually just as wide. I am only curious whether this is allowed. I would prefer it if I could move my own garden wall one and a half meters, then there would be a narrow path left (it is just as wide further on), and then I would have more space myself. However, my purchase agreement states that the right of way must remain as wide as it is now, so I assume that this is not allowed, but then a bicycle shelter would be a nice alternative. I am looking forward to your answer, Thank you in advance,

Lawyer

The easement must be exercised in the least onerous manner and as described in the deed. If that is lacking, the rules of the actual use that is permanent apply. The question to you: how long has the right of way been used for placing containers? In general, I think that you can restore the use for what it was intended for, but not a bicycle shed on it.

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