Again, neighbor has destroyed the spiral tension spring on the garden door. What can we do about it?

Questioner

At the end of our garden path (this is also a right of way for the neighbor in the terraced house next to us) we have placed a wooden garden door to prevent burglars or other unwanted persons from simply entering our garden. Our current neighbor regularly leaves this door open despite our request to close it. During the neighborhood mediation at the end of September 2020, she promised to close it. However, the door remained open in the days that followed despite her promise, so we installed a spiral tension spring so that the door closes automatically. From that time on, she continuously removes the tension spring from the wheel, which means that the door remains open again. To prevent this, we made a cover around it, after which the tension spring was pulled apart in February 2021 (this was also acknowledged in a letter from the neighbor). We repaired the tension spring and since then the tension spring has been removed from the wheel again and the door remains open regularly. Yesterday, June 6, the tension spring was pulled apart again and we received another letter from this neighbor. From the moment this woman moved in next door to us, we have had problems with her about matters concerning the right of way (such as placing things in it without our permission) and accusing her of an unsafe situation because it would be too slippery. Her visitors walk past the back at all times, while we indicated in the neighborhood mediation that this can sometimes be quite frightening and that our dog gets very stressed from it. She then indicated that she has a right to this and therefore that she is not going to change this. What can we do in this situation?

Lawyer

A gate with key under handover of the key might be an idea. Regular visitors and guests are allowed through the front door.

Lawyer

In this case, it is about how the easement is used and that must always be in the least onerous way. It is not always the case that guests can also use it. For the content of the easement, what has been arranged about it, you can look in your purchase agreement. If a person structurally abuses that right or causes damage to your property, you can of course hold that person liable. Destruction is an unlawful act.