Installing a fence door near a right of way?

Questioner

On part of my property, there is a right of way for 5 surrounding houses. Can I place a fence door at the beginning of the path in question and give the 5 neighbours a key? Even if one of the neighbours would rather not have a fence door but have free access to the path with a right of way? My deed of sale states: The appearing parties sub 1 and 2, acting as such for themselves as stated in quality, hereby declare to establish as an easement of footpath and crawling path to come to and go from the 'street' in the existing manner. a. for the benefit of the part of the aforementioned cadastral parcel section 'X number 0000' hereby sold and at the expense of that part of the aforementioned cadastral parcel section 'X number 0000' remaining in the ownership of the seller, on which the house plots 'street 1 and 2' were built and that part of the aforementioned cadastral parcel number '0000' remaining in the ownership of the seller - visibly indicated as a corridor located behind the house plots 'Haakse street 1, 2, 3, 4'. b. for the benefit of that part of the aforementioned cadastral parcel section 'X number 0000', on which the house plot 'Street 3' was built and at the expense of the part of the hereby sold.

Lawyer

Yes, that is allowed according to our highest court in the Netherlands. (Supreme Court 23-06-2006 LJN AW6598, C04/209HR) You only have to ensure that you, as the owner of the servient property, must offer the owners of the dominant properties the opportunity to gain access to the property at any time and without always being dependent on the direct cooperation of the owner of the servient property, in order to exercise the easement. You do this by providing a key. Perhaps you could also see if it is possible to open the door by means of a numerical code, which is more user-friendly.

Lawyer

A right of way is granted for a specific purpose: usually access to a property of the holder of the right of way, who otherwise cannot (properly) reach his own plot. That must be made possible. No more. A gate with a key meets that standard. After all, you do not have to allow others in.

Questioner

Thank you very much for this clear answer! We can now place the fence door, because we adhere to the established and legal rules regarding the right of way.

Lawyer

Have fun with the fence!