What are my responsibilities as a landowner towards those acquiring a right of way?


Questioner

Two neighbouring houses use a strip of my plot. This strip is only used for their driveway, I do not use it myself and I do not need to use it either. By prescription, a right of way will have arisen. I am considering selling the strip to them, but I do not know whether they want this. I wonder what my risks are if this strip remains my property. Suppose an accident occurs on this part because the driveway is in poor condition. And can they oblige me to maintain or do other things?

Lawyer

If you want to sell, there may be no prescription, but agreements between neighbors about the use of the land. For easements, normally what is agreed upon applies for maintenance and otherwise the law.

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