Access to the construction trailer via the neighbor's path - gate too narrow!

In addition to the land register,

There was already a lawsuit with the previous owner of the property regarding the public rights.

a building encumbrance in favor of your property can be assumed. Then there is a file at the building regulatory authority with a site plan showing the encumbered area, hopefully also dimensioned. Ideally, this corresponds to the registration approval at the land registry office.
How long have you been owners? The previous owner should have handed these things over to you upon purchase. Maybe you can inquire again.

I have now looked at the judgment again. It states that the testator grants the right to use the path with a width of 3.5m and a length of 70m. "The manner of use of the path is determined by the use of the dominant property with a single-family house."

Well, I am also just a layperson, but could the sentence about the "manner of use" not be decisive? It was granted precisely for the purpose of building a single-family house. They are restricting the use through the driveway gate, aren't they?

Hello illusionslos

it says exactly that: the driveway must be 350cm wide. So get the tape measure out and measure the width of the driveway. If one wing of the door is narrower than 3 meters 50, a piece of the barrier from the second wing must give way.

Steven

Hello illusionslos
it says exactly that: the driveway must be 350cm wide. So get out the tape measure and measure the width of the driveway. If one leaf of the door is narrower than 3.50 meters, a part of the barrier on the second leaf must give way.
Steven

That is correct, but if it is theoretically not possible at all to get the crane into this driveway, my way of using it is still restricted, isn’t it? However, that is probably only to be clarified in court.

The judgment on public rights was also enforced because it is needed to build the single-family house.

Hello illusionslos

of course you can go to court. But I give you little chance there. If the owner of the property stands his ground, the judge will probably say that a contract is a contract and you have to come up with another solution.
I would try to settle the matter with money. 500 euros for a temporary removal of the gate is still the cheaper option.
Sometimes a dinner in a good restaurant is enough.

Steven

It states that the testator grants the right to use the path with a width of 3.5m and a length of 70m.

Yes, it says there exactly how you are allowed to use it. So where is the problem now? A construction crane is at most 2.5m wide.

So you just have to assert your right of way now, because it must practically be ensured, even permanently.