Legal rights when installing a fence

Questioner

the neighbours want to put up a fence with a gate next to their house, however the back entrance belongs to both of us. the problem is not so much what they want to do, but the path belongs to the housing association and we have the right to use it and if the neighbours buy the house, we are obliged together to buy the space at the back. so it remains ours together, however if the gate is placed and there is a disagreement, what are our rights if we agree to have the fence put up but there is a disagreement and the neighbours no longer let us through?

Lawyer

Of course, it is best to have the situation recorded by a notary at a time when the relations are still good. Every owner of a plot has the right to fence off his plot. Of course, existing rights should be respected. I think it is advisable to record your rights properly in any case, preferably in the presence of a notary, who can advise you well in what way and which right. Good luck!

Lawyer

If you do not oppose the placement of the gate, a so-called property right of easement may arise for your neighbours after some time through prescription. As long as no easement has arisen, you can cancel the so-called right of use of your neighbours to the use of the path and gate, but you will have to have a good reason for this. For all these reasons, it is highly advisable to record each other's rights and obligations in advance with the help of a notary.