Right of way as compensation despite the existence of another access route

  • Erstellt am 2022-12-26 19:06:28

Mar1985

2022-12-26 19:06:28
  • #1
Hello,

we have the situation that our neighbor would like to have a right of way as compensation for an easement, to access his property over our property. He already has an access road himself. However, this leads to his house from the valley side. From our perspective, access would be from above to his house.

1. Currently, there is no path leading to our common property boundary. Does a right of way mean that he can require a path to be created on my property?!

2. If point 1 applies, does this apply regardless of the effort and disadvantages for us? We have a steep slope. For this reason, a lot of earth would definitely have to be moved. This also means that clearance distances to the other neighbor might have to be observed. Consequently, we would effectively lose property area, etc.

3. Is it at all realistic that a path would be approved if it runs through a landscape protection area? The path would be approximately 150-200m long. Our property borders on a landscape protection area. The neighbor lives in the LSG. In addition, he already has an access road.

It would be great if you could help us with our problem!

Best regards
Natalie
 

Osnabruecker

2022-12-26 19:46:36
  • #2
A sketch would be helpful.

The neighbor can initially demand whatever he wants, after all, you want something from him.

Have you already told him that you are not planning a path there?
Possibly you can approve that for him, but he would bear the costs and expenses?
Maybe he just wants to walk along there (e.g., walking the dog in the nature reserve)?

Talking helps, especially with people from whom a) you want something and b) want to get along as neighbors.

Edit:
Also coordinate easements/right of way with the bank, as this reduces the value of "their" property.
 

11ant

2022-12-26 22:22:33
  • #3
This is your first post – due to lack of "background information," we cannot at all assess what this is about (e.g., regarding the requested building encumbrance). Whether another access route already exists for the neighbor would be relevant solely in the case of an emergency right of way, but apparently this is about a voluntary agreement. Rights of way exist in several categories, for example for walking, driving, laying cables, etc. The relevant corridor would have to be kept permanently passable for the neighbor, meaning you would not be allowed to park in his driving-right zone, he would always have to have a current key for any gate, and respecting his right of way would concern not only you but also your dog ...
 

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