Barn owner loses dispute over access to neighbors’ garden in Urk
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The owner of a barn on Rijswerker in Urk lost an interim court case against his neighbors. He had sought temporary access to their garden to sand and oil the rear of his barn, as well as the removal of a fence, shrubs, a pergola and other garden elements. The court rejected his claims and ordered him to pay €1,707 in legal costs, saying the neighbors’ interest in keeping their garden intact outweighed the need to prevent discoloration of the wood. The discoloration was not visible from the owner’s property.
The neighbors have lived next to each other since 2003 and have disputed the boundary and the layout of their gardens for years. The court said the situation had changed since an earlier 2024 ruling because the garden had since been further furnished. It could not determine the legal boundary with sufficient certainty because purchase agreements and notarial deeds had not been submitted. A demand to replace a removed rainpipe and collector was also rejected for lack of urgency. The dispute may continue in substantive proceedings.