Partially change or revoke the right of way

  • Erstellt am 2021-08-02 15:58:26

ypg

2021-08-03 07:35:52
  • #1

That is something different, though - (smarty mode on) << badmouthing, biting away out of envy and resentment >> that is mareishness (smarty mode off)
 

hanghaus2000

2021-08-03 08:18:45
  • #2
I have a different opinion. I would have sold the path and had a right of way registered for myself.
 

RomeoZwo

2021-08-03 09:18:44
  • #3
And the exciting question still is: "How is the right of way registered in the land register?" Is there a sketch or a description of it? If it is only the gravelled area, I think the carport would not be legally accessible. If the right of way also includes the paved area up to your gate, it looks worse; then there is initially no objection to the position of the carport. Blocking the way is not allowed for either party.

What right is actually defined? A right of way for walking and driving or perhaps only a right of way for walking? The latter would have made sense if the buyer was only supposed to have access to the front door. But it seems that the damage has already been done here ...
 

apokolok

2021-08-03 09:41:58
  • #4
Find the case is quite clear. You sold the property, she built it differently than you wanted. Now you are angry about it and block her carport. She is right, you are not.
 

Climbee

2021-08-03 10:17:11
  • #5
So the path belongs to you and you have registered a right of way there for the new owner? Did I understand that correctly?

If you have had the right of way registered for her all the way to the back of your property, then it's your own fault, then she is allowed to use the path like that and it is indeed a path and you are not allowed to park on it.
It would have been smarter to only register the right of way up to the height of her front door. Then the carport would have been illegally built and she would have had to drive over your private land to reach it - which she obviously is not allowed to do. And you could have used the path from the height of her front door to your place as you wished, since that is purely private land (which you use to reach your property, but which you may also use as you like).

Bad luck, I would say. The notary advised you poorly there. If the right of way had ended at the height of her front door, she would have had no other choice but to build the carport on the other side and could not complain if you park on your private land in any way you want (even if it is in front of her property).
If it is as I suspect above, then she has the right on her side and you can only be annoyed that you did not think it through properly back then and can be angry at the notary who did not advise you properly. But there is probably nothing more you can do.
 

Andrea M.

2021-08-03 10:27:37
  • #6
Thank you for your information, unfortunately I was unlucky, I was lulled in by this lady because she wanted to build her carport in front of her house, well, she only wanted to build a small bungalow anyway. I guess I have to live with the fact that she comes home 3 to 4 times a week at night after 10 pm and parks her car under my bedroom window, it is very loud and when it rains, she had a metal roof built on the carport, we simply cannot sleep at all.
 

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