Calculate the value of a right of way | Legal Aid

Questioner

We live in a semi-detached house in the countryside and have a back entrance to our garden via a right of way over a piece of land of the neighbors. This is notarized, also width of 4.60m. The length of this is approximately 5 to 6 meters. The neighbours built a chalet just before our house three years ago and it was partly built on the path where there is a right of way. In total it is 1.30 m, which means that we now only have a 3.30 m wide path. Is that allowed and what can we do about it? In addition, our neighbors have never made a secret of the fact that they are bothered by our right of way. For example, we first had to ask permission to use it (but we don't do that anymore), later there was suddenly a lock on it (without consultation, later we did get a key) and there is always something on it. Or a garden set or a trampoline, because they think it is their land. Also, there are often bicycles there for weeks, which means we have to move a lot of stuff if we want to use the path. Finally, the chalet is rented out as a B&B and guests park through the gate, so there is no way I can get out. All this leads to irritations and recently the neighbours asked if they could not buy our right of way. As far as we are concerned there are 3 options: 1 restore original situation (resulting in a disturbed mutual relationship) 2. Have the current situation recorded as the new situation in the land register and buy back a 1.30 metre wide right of way. 3 sales total right of way Now the big question is: what is the right of way worth. And is it reasonable to ask for compensation for both the depreciation of our house and for the renovation costs of the garage to create a passage, so that we can go back ourselves? In addition, the value of their house will increase and they do not have to renovate / shorten their chalet. Can you also reasonably ask for compensation for that? And if you can't help me with guidelines for valuation, who can? Because now we can't figure it out together. .

Lawyer

A right of way does indeed have a value, usability plays a role in this, for example a right of way that can be exercised on a width of 4.60 m will be worth more than a right that is exercised on a width of 3.30 m. An estate agent with knowledge of the market in your region can determine the value of the easement, he can also make a statement about the increase in value of the property of the neighbors and the decrease in value of your property when the easement expires. In case of dispute, the value can be determined bindingly by 3 estate agents, but an agreement must be drawn up in advance in which it is stated that the parties agree to this valuation in advance.