The owner of a cafe on Jan van Lieshoutstraat must give future residents of apartments on Rechtestraat, access to the alley in between. This was decided by the court of appeal ‘s-Hertogenbosch.
It concerns apartments above Etos on Rechtestraat. The owner of the drugstore wants to build apartments above the storefront, but because the upper areas of the building do not have a separate front door, they would have to go through the back alley.
But that alley is used as a storage area by a cafe on the parallel Jan van Lieshoutstraat. If the alley is to serve as an access road for the apartments, the cafe owner can no longer use the alley as a storage area, so the dispute had to be fought out in court.
Deed of transfer
The court follows the ruling of Oost (east) Brabant District Court, which previously ruled that the alley should be able to be used as an access road. The court did so on the basis of a deed of appeal drawn up in the mid-18th century: more than 250 years ago. That deed described the right of way.
The cafe owner was of the opinion that the right of way did not apply to later purchasers of the property, but the court thus does not go along with that.
Translated by: Bob