Right of way

Questioner

I have had a piece of land in Amsterdam Noord for 29 years, on which the neighbours have a right of way. At the beginning of the path, it is 7 metres wide. But soon after that, the path is only 3.20 wide due to buildings that have been there since the beginning of the last century. After that 3.20 is my property, which is approximately 12 by 50 metres. My new neighbour thinks he has a right of way over the entire length of my property of 7 metres. According to him, I am not allowed to park cars or anything else there, because then I am narrowing his right of way. In my opinion, he should use the right in the way that is least inconvenient for me. He does not have to zigzag across my property. If he has 5.50 further on my property, then that seems sufficient to me. He also thinks he is allowed to turn around at my property, even though he needs the entire twelve metres of my property for that. Can you tell me more about rights in that regard? No size is indicated in the land registry, but in my opinion it cannot be more than 3.20.

Lawyer

If the deed of sale does not state anything about the scope and content of the easement (the manner of use), it must be exercised in the least onerous manner and, as has been customary for many years, see Book 5, Article 73 The content of the easement and the manner of exercising it are determined by the deed of establishment and, insofar as the deed does not contain any rules on the matter, by local custom. If an easement has been exercised in good faith for a considerable period of time without objection in a certain manner, then in case of doubt this manner of exercising it is decisive.