Where the owner of the real property does not have access to a public road, it is possible to conclude an easement contract with the neighbouring property owner. In extreme cases, where you are unable to reach agreement with the neighbouring property owner, you can make application to the court for reasonable access to the public road but you will be required to pay compensation for access across the neighbour’s land.
There are instances where the plot of land bought by the investor does not have adequate access to a public road. This is the case with no access as well as a difficult or time-consuming access. Reaching agreement with the neighbouring property owner as to the conditions for the use of his plot of land to get access to the public road is the best solution in handling the situation. Having reached agreement, a relevant contract is drawn up by the notary public and neighbours determine adequate remuneration. A problem arises, however, when owners of the neighbouring properties cannot reach agreement.
If your neighbour has no access to his property, you must give him one
Urgency of providing servitude of passage to the neighbouring property owner is governed by the provisions of the Civil Code. According to Articles 145 and 146, if a real property has no proper access to a public road its owner may demand from the neighbouring property owners the establishment, for consideration, of servitude of passage.
– The Civil Code also provides that provision of a necessary way shall consider the needs of the real property which has no access to a public road and with the least encumbrance of the land through which that way is to lead. If the owners of the real properties fail to reach agreement, the court shall order, where possible, the right of way across the land which was the subject of that legal action. The court will also determine the amount of remuneration that will be due to the owner of the land across which the road will be led, according to the socio-economic interest – says Jacek Kosiński of the law firm Jacek Kosiński Advocates and Legal Advisers.
Decision as to the amount of remuneration – the rent for passage through the land, will be taken after inspecting the property and determining the extent to which the road will reduce the value of the plot of the land. It should also be borne in mind that, unless otherwise agreed, the obligation to maintain the road remains with the owner of the property.