Partially change or revoke the right of way

  • Erstellt am 2021-08-02 15:58:26

CC35BS38

2021-08-03 10:34:08
  • #1
That’s also how I understand it from what is known so far. Out of habit, one would like to park on the path where the right of way now is. And of course, that’s not possible. As a neighbor, I wouldn’t want to ring the bell anywhere and wait if I want to get in/out of my carport. The visitor can simply park elsewhere or even near the gate.
 

RomeoZwo

2021-08-03 10:37:33
  • #2


1) Are there (independent) witnesses regarding the location of the carport? 2) There are noise emission limits. Are these exceeded, for example when it rains because of the sheet metal roof (noise measurement!)? The neighbor might have to make improvements. --> Consult a specialist attorney! But especially from a distance, the chances do not look good.
 

Climbee

2021-08-03 10:45:30
  • #3
Yes, that was unfortunate. She could have also accessed the property from the street side (I assume), so probably no easement would have been necessary at all, because she could have walked to the front door across her own property and then the path would simply be your land and you could do whatever you want with it. Now you’re paying property tax for the path and the new neighbor benefits from it. In that situation, it would have been better to also sell the path and establish an easement. That would have brought more money and wouldn’t have changed the legal situation compared to how it is now. I hope she also received the obligation to clear snow and keep the path passable with the easement. Because if not, as the homeowner you are also responsible for that. Meaning: she can demand from you that you clear and maintain the path so that she can use her carport. If it goes badly, she’ll be at your door at 7 a.m. demanding that you clear the snow so she can drive out. Where we are, the paths have to be cleared by 7 a.m. But the issue is settled. However, I would avoid the notary in the future. Actually, it is his job to point out such tricky situations and to go through all possible eventualities.
 

ypg

2021-08-03 10:51:51
  • #4


I also see a very poor advice there.
But the ship has sailed.
 

CC35BS38

2021-08-03 10:53:47
  • #5
I understand your point of view as well. She tells you one thing when buying that suits you and then builds something else. But you have no legal recourse there. To find a compromise with the carport roof, the conflict regarding the parking space must be resolved first. And there, you are probably more responsible.
 

Andrea M.

2021-08-03 10:54:46
  • #6
Yes, unfortunately you are always wiser afterwards, the property is only accessible via my path, in the second row. I live in the third row. Unfortunately, the lady only revealed her true nature afterwards. My husband and I are really angry, we helped her with the house construction wherever we could, for example building a fence at the end of the garden, helping with electricity when no one was there yet, etc. Now she is inconsiderate and very loud. We are already considering trying to sell our house and start anew elsewhere, which is very difficult for me because I grew up there, it belonged to my grandmother. Thanks to you all anyway.
 

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