Waiver of right of way and easement - what are the consequences?

Hello everyone,

a little over a week ago, there was an unexpected knock at my door and a stranger told me that our house + our 5 neighbors have a right of way on his property. He asked us to waive this right because he wants to sell the property (including the existing house) and the prospective buyer insists on acquiring it without the right of way.

Today, we received mail from the notary of the property owner, stating that we are to sign a cancellation approval for a right of way and utility easement.

Our houses were not originally accessed via the property of the aforementioned gentleman as initially intended, but rather via an additionally acquired parcel of land from another resident.

Today, one of my neighbors told me that if we waive the registered rights, the new owner could demolish the existing house and build much larger and right up to our property boundaries, since he would no longer have to observe the right of way.

Is that true, or does a right of way and utility easement have no impact on the building area/building boundaries?

We do not want to stand in the seller’s way, but of course want to consider possible consequences in advance.

Thank you very much for your help :)

I did not fully understand the situation, but if you have a way to your property that is available to you by means of [Dienstbarkeit], I would not give it up. In the worst case, you would no longer be able to access your property. Plans could help.

A plan would help with the assessment, but to me, it sounds as if the right would generally not be needed. However, a right on a property is also worth something, so I would not simply waive it.

I haven't quite understood the situation, but if you have a path to your property that is available to you via an easement, I wouldn't give it up. In the worst case, you might no longer be able to access your property. Plans could help.

The originally planned path over the gentleman's property was not implemented. Instead, another piece was purchased and the access to our houses was established there. This path also belongs to the parties as co-ownership shares.

However, 15 years ago the gentleman had a right of way and utility easement registered on his property for us, which has (so far) not been used.

A plan would help in the assessment, but it sounds to me as if the right would basically not be necessary. However, a right on a property is also worth something, so I wouldn't just give it up.

Personally, I also think that we don't really need it, we do have access to our houses.

The neighbor, whose property borders the gentleman's, fears that the new owner could encroach up to her property if we waive the right of way and utility easement.

Otherwise, I will try to draw it tomorrow.

However, a right on a property is also worth something, so I would not simply waive it.

If the right of way and utility easement on the property is not needed because the thread creator's property has been developed otherwise, what value does it then have? That seems like a dispute is preprogrammed with the new neighbor or the old one. The possible buildability of the neighbor's property is actually regulated by building limits in the development plan. And certain setback areas should generally also apply there.

If the right of way and utility easement on the property is not needed because the property of the thread creator has been accessed by other means, what value does it then have?

We are the second owners of our property, one of the first owners informed us that the right of way and utility easement was basically paid for back then. Only later were they able to convince another neighbor to sell part of their property for the access route, because it was also significantly easier for development.

The owner was also very well compensated for this.

So next to house 6 is the property with the rights. There is an existing house on it and almost directly adjacent to house 6’s property are dilapidated greenhouses ready for demolition. The concern of house 6 is that without limits, they would be encroached upon if the right of way and utility easement were to be removed.

Do rights of way and utility easements prevent any construction measures?

Furthermore, the first owners are of the opinion that any waiver of the rights must also be compensated because they apparently paid for it accordingly back then. However, no one can remember the amounts exactly anymore.