Easement / right of way

What is meant by a right of way / The place where the right of way is located / The property affected by the right of way / Compensation for the right of way / How to acquire a right of way / How we can help you

What is meant by right of way

The right of way is the right of the owner of a property which does not have direct access to the public road to cross one or more neighbouring properties in order to exploit his land.

Depending on the specific legislation, the right of way is also called a right of way.

Place of the right of way

In general, a right of way requires the existence of an enclosed place. The notion of a landlocked place means a building (e.g. land, building, etc.) which does not have direct access to a public road (e.g. a street, a road, etc.).

Lack of access to the public road should not be understood in a restrictive way. In certain situations a property may have some type of access to the public road and yet the owner of the property is still entitled to another right of way.

For example:

where land can only be reached from the public road by foot, the landowner is entitled to obtain a right of access by car;

where land can be reached from the public road but the access route is dangerous, the landowner is entitled to obtain a right of way on a safe route.

Building affected by the right of way

The building to be affected by the right of way is in principle the neighbouring building.

As a general rule, the right of way over a property is established without the consent of the owner and often even in the presence of his opposition.

To the extent that the landlocked building is adjacent to a number of buildings, the right of way is to be established, in principle, on the building which would be least affected.

In all cases, the right of way shall be established in such a way as to cause the least possible interference with the right of ownership of the property crossed.

Compensation for right of way

The owner of the property over which the right of way is to be established is entitled to compensation in return for securing the exercise of the right.

Damages can be established in different ways: (i) by law, (ii) by contract between the parties or (iii) by a court judgment.

How to acquire a right of way

As a general rule, the right of way is established by means of a contract between the two owners.

If the owners do not reach a consensus, the right of way can also be established by court order.

In some cases the right of way is directly established by law (e.g. the right of authorities to cross certain buildings with building networks in the form of water or gas pipes, canals or underground or overhead electricity cables).

How we can help you

Our team can help you with all aspects of right of way, such as:

Determine whether or not your property can be classified as a stuffy place;

• determining how your right of way should be established and recognised;
• protecting the right of way and ensuring its effective exercise;
• obtaining compensation for the right of way;

initiate, support and complete all legal remedies to obtain the termination of the right of way or its rerouting.

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