Servitude of Passage: When It Exists and How It Is Regulated Legally

Access to a road is a fundamental prerequisite for the use and exploitation of a property. However, there are cases where a property, especially older or rural, lacks direct access to a public road. In such cases, the law provides for the establishment of a compulsory servitude of passage to ensure connection with the public road network.

What is Servitude of Passage?
Servitude of passage is a right of way granted to the owner of a property over a neighboring property to gain access to a public road. This right burdens the neighboring property and benefits the “landlocked” property without other access.

It can be agreed upon by the owners via notarial deed or imposed compulsorily through a court decision when there is no consent.

When Can It Be Requested?
An owner can request servitude of passage when:
– The property has no exit to a public road.
– There is no practical or economically viable alternative access.
– Access can only be ensured through a neighboring property.

This servitude is “compulsory,” provided by law regardless of the neighbor’s goodwill, though compensation is due for its use.

How Is the Passage Defined?
The passage is defined based on:
– The shortest and least burdensome route.
– The topographical characteristics of the involved properties.
– The actual needs of the property requesting access.

If owners agree, a notarial document is signed and registered in the Land Registry. Otherwise, the matter is resolved by a court decision after technical and legal examination.

What Happens If There Is No Agreement?
In case of disagreement, the issue goes to court. The court:
– Assesses conditions (terrain, distance, existing structures).
– Evaluates the need.
– Determines the route, width, and compensation.

The court-granted right is binding and registered, thus following the properties.

Can It Be Extinguished?
Yes. Servitude of passage ceases when:
– New access to a road is created (e.g., new opening).
– The owner of the “landlocked” property acquires another access means.
– It remains unused for a long time (under certain conditions).

Why Is Legal Guidance Important?
Servitude of passage directly affects a property’s market value. Whether requested, imposed, or disputed, it must be handled with:
– Title verification.
– Topographical planning.
– Clear wording and registration.

If mishandled, it can create serious obstacles to transfer, sale, or development.

Conclusion
Servitude of passage is an essential legal tool for servicing properties without direct road access. Its existence and precise definition require specialized legal and technical examination to protect the rights of both parties.

If you are involved in a sale, own a “landlocked” property, or have a dispute with a neighbor over access, contact our office for full support.

Aikaterini Panagiota
Lawyer