Easement and Garage Construction: Your Rights


Questioner

to get my car into my garage i have to drive over my neighbor's driveway. i can do that because that is fixed. now my neighbor has bought land from the municipality and he is going to put garages on it. and then he wants to rent them out. are all these tenants also allowed to use the driveway? because at first i was the only one, and soon there will be more than 10. because he is going to build 10 garages.

Lawyer

I understand that there is an easement for the benefit of your plot and not a shared road. An easement does not give the right to exclusivity, so the neighbor is allowed to build the 10 garages as long as the road remains accessible to you. He is therefore not allowed to build on the route of the road and must ensure that other users do not block this road by storing or parking goods there.

Questioner

correct there is an easement. but what about loading and unloading? is this allowed at all times. also on the easement?

Lawyer

It may be that something has been arranged about this in the deed in which the easement is established. If that is not the case, then unobstructed passage must be granted at all times, that is to say that loading and unloading is permitted but if you have to pass, you will have to step aside.

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