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
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