Erfdienstbaarheid van weg
Easement of way
An easement of way is a real right whereby the owner of the servient tenement is obliged to permit the owner of the dominant tenement to pass over his land.
An easement of way is created by establishment in a notarial deed or by prescription. It is a limited real right that burdens the servient tenement for the benefit of the dominant tenement, thereby entitling the owner of the dominant tenement to a right of way.
This right is relevant where a parcel does not adjoin a public road and is accordingly dependent on another tenement for access. It ensures that the owner of the dominant tenement is not deprived of access to their property.
In practice, an easement of way is frequently established upon the subdivision of parcels or the sale of land in order to prevent future disputes over access and to safeguard the value of both tenements.
“The owner of the rear parcel invoked the easement of way to reach his dwelling via the front plot.”
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