What am I allowed to do with the right of way?

Questioner

I have two questions. Question 1: Next to our house is a physiotherapy practice. We officially have (via the purchase deeds) right of way over the parking lot of this physiotherapist to reach our carport. Next year our garden will be tackled by a gardener and sand and soil will be delivered. Can this be left on the parking lot in front of our carport for a few days? Question 2: Because our caravan is under the carport all year round (which can be closed with 2 doors), we or our children sometimes park in the parking lot when they come to bring or pick up our grandchildren. On the other side of our house there is another entrance to our house with a parking lot, but we can hardly reach the garden there, at least not with a small shovel for the sand and soil as mentioned in question 1. Lately we have been looked at angrily. Is that justified, or are we allowed to park there for a while? There is also an ATM located at the building, so that many people who come to withdraw money also park in the parking lot. As far as I have always understood, the physiotherapist has to tolerate this. His practice used to be a branch of the XYZ bank.

Lawyer

In your situation, this concerns an easement of way, which is registered in the deeds of sale. Question 1: In general, the right of way includes the use of the right of way to come and go from your plot. The temporary storage of goods such as sand and earth is not included in principle. After all, the right of way is obstructed and other users may experience inconvenience from this. This depends on the exact content of the easement as recorded in the deed of establishment. If nothing is specified about the temporary storage of goods, problems may arise. Therefore, consult your deed of sale for more clarity. Question 2: The right of way gives you the right to enter and leave the parking lot, but this does not automatically mean that you are allowed to park there. The right of way is intended to allow passage to your property. Normally it may not be obstructed, not even by parking cars. In this case, the physiotherapist may have the right to demand that the right of way remains clear. Again, it is important to consult the terms of the easement in the relevant deed to see exactly how this is recorded. Regarding the ATM, if the parking lot is part of the physiotherapist's premises, and the use of the ATM is a service provided by the physiotherapist or previously by XYZ bank, then it is likely that the physiotherapist will have to tolerate this use of the parking lot. Please note that this is general information. For specific legal advice applicable to your situation, you may wish to consult a lawyer or attorney. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.