What does 'for free' mean in easement?
Questioner
What does it mean when an easement (in this case a right of way) is established 'for free'? This is the case in the situation below. My property is the dominant property while my neighbor's is the passive property. Now the road needs to be resurfaced and I am expected to help pay for this work. Specifically: Do I have to pay for the maintenance and work on this road, which is not my property at all, but belongs to the neighbor? When the easement was established in 1995, I paid the notary fees. Furthermore, the deed contains no remarks whatsoever about the maintenance of the road.Lawyer
If it is a matter of 'for nothing', this means that no consideration is due, for example in the form of a payment or something similar. In short: it costs you nothing to come over the road and go to your property via your neighbour's property. In principle, you are obliged by law (see also article 75 Book 5 BW) to contribute to the costs of maintaining the easement. In fact, you must arrange and pay for the maintenance. It is therefore reasonable to expect a contribution from you. After all, you use the road and you also benefit from this improvement (asphalt). If you use the road together, it is advisable to share the costs (jointly).Neem de volgende stap
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