How to convert an easement?


Questioner

My neighbours use a piece of path right through our garden, but they now want to remove this in consultation before the house is sold. The notary said that the bank that provided the mortgage must first agree to this. Is this true? And can we also put it on paper ourselves that the easement expires? The house is sold under the condition that the servitude expires

Lawyer

Yes, the bank must agree because the house that is sold is worth less. After that, formalities for the cancellation and deletion of the fact must still be complied with. This can be done through the judge or notary by having the user waive the right.

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