Partially change or revoke the right of way

  • Erstellt am 2021-08-02 15:58:26

Sir_Batman

2021-08-26 14:31:35
  • #1
A bit late indeed, but just because an easement is registered on a parcel of land does not mean that the entire parcel may not be parked on. It is formulated too unclearly; narrow widths that must be kept clear may suffice. Example: On our parcel of land (about 7m wide), no exact area is specified for the easement. We are therefore only obliged to ensure a passage width of 3.5m. This can be on the far left, in the middle, on the right, or 8m of zigzag lines can be used. They can of course have it towed, but will certainly end up bearing the costs. The simplest way will have to be chosen here: ring the bell.
 

Durran1234

2021-08-26 15:16:10
  • #2
Basically, I wouldn’t consider moving or selling the house because of something like that. You’re just jumping out of the frying pan into the fire. I also only have annoying neighbors, but I always fought back fiercely. If you want war, you can have it. You’ve been tricked. It can happen once. But with me, only once. Right of way means right of way. Nothing more, nothing less. First, I would check the boundary stones and determine the property lines exactly on site. They mostly don’t match. Is everything really correct there? A meter makes a big difference. In your case, 50 cm would almost make parking in the carport impossible. If there are uncertainties regarding the boundary, you can have it surveyed. Of course, it costs at first, but the perpetrator has to pay. Right of way doesn’t say anything about the condition of the path. As the owner, you can also do some work on it. At least the sovereignty over the path still lies with the owner. Any measures could be taken, at least until the lady comes to her senses again.
 

hampshire

2021-08-26 16:14:07
  • #3
I am just wondering whether that says more about the author or his neighbors… ;)
 

guckuck2

2021-08-26 17:18:53
  • #4


if you follow the explanations below, the question is answered in my opinion ;-)
 

Traumfaenger

2021-08-26 21:57:06
  • #5


Lawyers would probably see this differently. Such a path has a purpose and must therefore be usable as intended. Therefore, the path surface, insofar as it serves the access to the residential house, must be constructed according to recognized rules of construction engineering. The duty to ensure safety in traffic and thus the liability for it lies solely with the owner. So the neighbor could also retaliate. Whether all this will ever lead to a mutually peaceful solution, I would doubt.
 

Durran1234

2021-08-31 07:52:05
  • #6
Well, here in East Germany, the clocks are known to tick a bit differently.

I have border problems with all the properties or plots I have bought. Either the boundary stones or markers were removed, fences simply shifted to enlarge the neighboring property, or garbage was dumped on my properties.

On one plot, the neighbor has the boundary 3m from the house. But they moved the fence 10m onto my property. That’s now almost 200sqm that I am missing. Wood is now stored on my property. How convenient.

On another plot the same thing. The living fence more than 2m onto my property.

For my house, the neighbor once sold half of the large property in the 1950s. Of course, only on paper. They continued to use it. So decades went by until we bought it in the early 2000s. The fence was shifted and I was missing about 800sqm of 1500sqm of property. The compost and waste heap was of course now on our property. And even one year after our purchase it was still being used. Even old panty liners were disposed of there. Seriously. Nobody puts up with that.

After the old boundaries were restored and access was prevented by fences in the right place, they sent the public order office with a complaint six times the following year and repeatedly caused trouble. I am very patient, but I don’t have to take everything. So I fought back hard. I have had peace for years.

There were two old ladies. One has now presumably died from a vaccine injury. The other has a brain tumor and is facing deportation to a nursing home.
 

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