Recht van overpad
Right of way
The right of way is an easement that entitles the owner of a plot of land to pass over the plot of another in order to reach or leave his own plot.
The right of way, also known as an easement of way, typically arises through creation by notarial deed or by acquisitive prescription. It entitles the owner of the dominant tenement to use a path across the servient tenement for access.
This right is relevant in situations where a parcel lacks direct access to the public road, thereby preventing the tenement from becoming unusable. It is a proprietary right that remains in force upon sale of the tenement.
In practice, this right is frequently recorded in contracts of sale, and the owner of the servient tenement is obliged to maintain the path unless otherwise agreed.
“The owner of the rear parcel invoked his right of way to reach his dwelling via the neighbours’ front garden path.”
Related terms
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