Easements

Easements: legal clarity regarding the use of your property

An easement is a legal right that stipulates that the owner of one property must tolerate or refrain from something for the benefit of another property. This can range from allowing access over the land (right of way) to tolerating overhanging balconies or water drainage. Since it directly affects the use of your property, a clear legal basis is essential. 

What does an easement entail? 

Easements fall under what are known as limited rights. They obligate a property owner to passive behavior: allowing something or refraining from doing something. Common examples include: 

• Right of way 
• Allowing overhanging parts, such as balconies 
• Not building higher than a certain height 
• Allowing water drainage over the property 

An easement can be established through a notarial deed or arise by prescription when the use has occurred continuously and undisputed. In that case, depending on good faith, a prescription period of 10 or 20 years applies. 

Assistance with conflicts and explanations 

Discussions about easements often arise during the sale of real estate, with (re)construction plans, or when neighbors disagree on what is or isn’t allowed. Important questions may include: 

• Is there a valid easement? 
• Can a certain use be prevented or enforced? 
• What about prescription? 
• Can an existing easement be revoked? 

What BG.legal can do for you 

The real estate lawyers at BG.legal have extensive experience with conflicts, establishment, and interpretation of easements. We assist individuals, developers, and professional real estate managers with disputes, negotiations, and legal proceedings. 

Contact us 

If you have questions about easements, prescription, or conflicts with a neighboring property, please contact the specialists at BG.legal. We provide clarity and legal certainty.