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Questioner

I would like to know what customary law entails. We have been parking cars on a path for over 45 years, but the owner now forbids us to do so. We do have the right of way.

Lawyer

A right of way means that you are allowed to cross a path to reach your own property, but does not entitle you to park on your neighbour's land. Another thing is that it may be apparent from 45 years of parking without objection from the owner that you have permission to do so. The question then is whether that permission can be withdrawn or whether a permanent right of use (rent) has been created. I think that is your best chance, but at first glance I think that this will not be easy for you.

Lawyer

The right of way is, I assume, recorded in a notarial deed (registered with the land registry). The description in the deed determines the manner of use. If the deed does not indicate how you should use the easement, local custom will be decisive. If an easement has been exercised in good faith for a considerable period of time without objection in a certain manner, then in case of doubt this manner of exercise will be decisive. In that case, parking could also be included. In addition, an easement can arise through prescription. But then there must not have been a situation of tolerance (in other words, the neighbour knew about it and deliberately allowed it). Of course, there are also rights of use. Perhaps it would be useful to talk to the neighbour and ask why parking is now prohibited after 45 years. Perhaps it would be more useful to make agreements about it together and, for example, pay the neighbour a modest fee per year for parking on the condition that the easement is extended (i.e. to the notary). Success!