Is change of use of right of way permitted?


Questioner

I am the owner of a rear path with a right of way entitled: easements rear path: easement containing the right to use the path with or without (moped) bicycles with the auxiliary engine switched off, prams and other vehicles to the xxstraat and vice versa. This right was established in 1997 (by the municipality when it was issued in leasehold) and has always served as a path for access to back doors and gardens. The municipality has now assigned a house number to a back door. Very deliberately because they want to separate the student house and the shop. Objections to the house number have been rejected because there is no interested party and division is not an issue. As a result, the use has changed. The student house now has a front door on my path. In addition to the fact that all visitors now suddenly come over the path (located directly at my side window), delivery people such as the post, parcels and meals also come on mopeds and it is also the only access for emergency services. And bicycles are parked on the path because there is insufficient space at the former back door. Can I still do something under private law?

Lawyer

No, that is not what the easement, its content and the manner of use are intended for. Reason to request to cease this improper use in quality and quantity. But you could also think of maintaining the extension for a certain compensation. Please contact me by email to see what (more) is possible?

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