Road easement: must the owner grant passage?
Road easement is an outsider when it comes to properties, and it has caused many discussions in the past. In fact, it’s just a passage between two properties, but what does the law say about it and what does the owner have to know (and do)?
Road easement: common right
Road easement is a common right, and it’s forbidden to block or minimize the passage, unless the notarial act or the district court decides differently. If the situation isn’t clear, you can obtain the information you need in the parcellation requirements of the municipality.
Granting passage is mandatory
As an owner, granting passage to the owners of neighbouring properties through road easement is mandatory. Officially stated: the passage cannot be minimized, blocked or hindered. When the passage belongs to the public domain, there is no reason for discussion.
When does this right disappear?
The right disappears when the owner of the road easement has restricted the passage. That can be done in two ways. Firstly, by the notarial act and secondly by an agreement at the district court that says all parties agree.
Road easement maintenance
According to the law, the user of the road easement has the right to perform any activity needed for the use and maintenance of it. These have to be paid by him/her (unless agreed differently).
When the owner uses the passage himself, costs will be shared. The same goes for everyone using it.
