Good neighborliness: Reliably clarify path use

People who maintain a good relationship with their neighbors often don't worry about paths across their neighbor's property that have been habitually used for years. However, if a dispute arises or the owner changes, this can quickly cause problems.

If the only access road or footpath to one's own property runs across the neighbor's property, this can lead to problems even after decades of use with the neighbor's consent. Before purchasing a property that is not located on a public road, prospective buyers should check whether permission to use the road has been entered in the land register.

If owners of large plots of land decide to divide the area, as a rule, an access road is created. The owners of the rear plot, which is not connected to the road, can now cross the so-called servient plot, which borders on public traffic, on foot or by motor vehicle. Often this use of the road is tolerated without further ado and both sides waive an entry in the land register.

According to the Federal Court of Justice, a right of way outside the land register can only be established by means of an agreement under the law of obligations or an emergency right of way. An agreement under the law of obligations, i.e. a contract, is only valid between the original contracting parties. If one of the owners changes, the agreement becomes invalid.

If a property lacks the necessary connection to a public road, the emergency right of way can be considered. This applies until the defect is remedied and may have to be enforced in court.

Before signing a contract, every buyer of a plot of land that does not directly border a public path or road should carefully check whether the access route via the neighboring property is secured in the land register. This also applies to all supply and disposal lines. The entry is made in the land register of the serving property. Only the entry in the land register protects both parties and their legal successors from unpleasant surprises.

(Photo: © Steffen Derner, Pixabay)