lost right of way | PlusOnline

We live on a street with semi-detached houses. There is always a lot of space between every two houses that we used with our old neighbors so we could park behind the house with the caravan. When we returned from vacation with our caravan, the new neighbors had put up a fence in the middle of the driveway. The remaining space is too small to be able to transport the convoy. Can the neighbors do that or are they just getting out of their way?

How you use the space between homes depends on the deed of sale on the one hand and on the other hand on the agreements you enter into together. In the deed of sale of the house, the place may be called an easement, also known as a right of way. You then have to tolerate neighbors using your space to park behind their house and vice versa. We see this often if the space – like yours – is too small to have access to the backyard on your land, especially if the garage is located behind the house. What also happens is that the deed of sale says nothing about the use between the homes, but the owners made agreements about this together.

If the deed states that there is a right of way, the new neighbors have crossed their bounds and will have to tear down the fence. In any case, so far the caravan can be placed behind the house again. Without this right of way, neighbors have the right to dispose of their land.

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With the right of way, you should talk to the neighbors and explain to them the obligations that they and you have mutually. Without a right-of-way, you’ll have to talk to neighbors and investigate what’s still possible. The ad text in which the house is being offered for sale can help when it talks about the common use of the space in between.

Nico van Schendel is a legal/tax advisor. In addition, he is primarily involved in the settlement of estates, as a registry executor, real estate agent or advisor from his company Akto, your inheritance coach and more. www.akto.nu. Nico van Schijndel is co-author of Plus Magazine’s Erven en Schenken Almanac.

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