What rights do I give away if I allow an electricity line to be laid under my land?
Questioner
My neighbor wants to place a charging station for his yet to be purchased electric car on his private parking space in our shared (+30 owners) parking space. To get to his parking space he either has to dig under our back or possibly under our garden. Both are our full property and he can only ask, not enforce it. I am generally sympathetic to this, but I wonder: 1) What rights does he acquire and what duties do I assume if I allow this? 2) Does a kind of easement arise? 3) Does this in any way affect me, what I do with my land (planting trees if it concerns the garden, for example) now or in the future? 4) What if the neighbor sells his house or if I do? 5) Should I have some sort of agreement signed here to limit his rights? Maybe some sort of lease? Can I limit his rights at all with such an agreement? The bottom line is that I do not want to suffer any disadvantage in any way from giving permission for the laying of this cable. For example, I do not want to be obliged to allow excavation work if the cable is damaged. I would not quickly withhold that permission as long as it does not have serious consequences for me at that time, but that must be judged exclusively by me or a subsequent owner of our house. There may also be the possibility for him to lay the pipe via the public road at the front, provided that the VVE of the parking garage then allows him to bury his pipe through common ground in the parking garage. That could meet with resistance, he would then also have to apply for a permit from the municipality and it will also cost him more.Lawyer
Allowing a pipe through your garden could be recorded by means of an easement. This is done by a notary and is therefore clear for the current owners and future owners. This easement creates mutual rights and obligations. You can google what that entails. You can also make agreements about this by means of a (rental) agreement; these agreements are then easier to terminate and you have more room within this agreement to agree on the provisions with each other. With an easement, the rights and obligations are mainly regulated by law. However, a (rental) agreement offers your neighbour (and any subsequent owners of the neighbouring house) less certainty.Neem de volgende stap
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