On August 14, 2024, the court on Bornholm issued a judgment in a case regarding traffic rights and claims, in which Attorney (H) Søren Vasegaard Andreasen represented the defendant.

The case concerned whether the plaintiff, who owns a property located 2 houses from the defendant on the coast near Rønne, had obtained a right to use a path across the defendant's property for both pedestrian and vehicle traffic. The plaintiff argued that his family had used the road for many years and that this use gave him the right to continue this right of way.

However, the court rejected the plaintiff's claim for a right of way. In its decision, the court emphasized that even though it was a right of way in terms of time, the plaintiff's use of the path had been sporadic and not sufficiently intensive to meet the conditions for a right of way. This included the assessment that it was an area with year-round residence, where the plaintiff only used his property as a holiday home. In addition, it was assessed that the disputed area was used by others, including the public, which supported the fact that the area was not specifically designed for the plaintiff's use alone.

The judgment illustrates nicely and quite correctly that it is not enough that sufficient time has passed to obtain a claim. As a claimant, you must also meet all other conditions, including, among other things, that the path can be identified, that the use has been sufficiently intensive, and that you have a special, individual interest in using the area in question.

If you want to know more about rights of way, traffic rights and neighbourhood rights, you can find more information at the following link..