What agreements can be documented in an easement?


Questioner

We are going to buy a new house where there is no deed describing anything about right of way or the like. However, we have understood from the neighbors behind that they have been using the driveway of our new house for 50 years without anything being registered, so it would be an expired right of way (also not registered anywhere). We would like to make agreements about this, for example x number of times per week, what if apartments or the like are built... can everyone use the driveway? In addition, despite the fact that it has been used for 50 years, there is also a passage to this piece of land via its own driveway. However, this is not used because the trailers are higher than the passage requires and many materials have to be moved to the side. Can we still do something with this?

Lawyer

Indeed, an easement may have arisen through prescription of the legal claim to claim the land. The easement will have to be used according to its content as has been the local custom for years on condition that you accept the prescription (2012). No more and no less. Incidentally, it could also be a neighbouring road, which is an old form of right of way that no longer exists, but its rules are still protected by transitional law.

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