Landlocked property, servitude, 2 legal issues that owners should know
Last updated: 27 Aug 2025
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Currently, it is very important to understand #land without an exit and to use legal and rights-based methods to refer to it, especially regarding the law on landlocked property or requesting a necessary right-of-way to allow landlocked property to have an exit to a public road.
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Necessary Right-of-way under the Civil and Commercial Code
Necessary Right-of-way under the Civil and Commercial Code stipulates the term "necessary right-of-way" in Section 1349, which states:
If a plot of land is surrounded by other land with no exit to a public road, the owner of that land may pass through the surrounding land to the public road.
If a plot of land has an exit, but must cross a pond, marsh, or sea, or a steep slope where the land level and the public road are significantly higher, the provisions of the first paragraph apply.
The construction of a passage must be appropriate to the needs of the person entitled to the passage and take into account the surrounding land, minimizing damage to the least possible extent. If necessary, the person entitled to the passage may construct a road as a passage.
The person entitled to the passage must compensate the owner of the surrounding land for any damage resulting from the passage. Compensation, in addition to damages for road construction, may be determined on an annual basis.
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From the provisions of this section, it can be briefly summarized as follows:
Land that has been blocked by another plot of land, leaving it without a public access, can be constructed through the surrounding plot of land to a public road.
Requesting a passage to a place or road other than a public road is not permitted. Legally, a passage to the public road must be used, taking into account the least possible damage to the surrounding land.
If a blind plot of land has an exit to a public road, but the access route involves a pond, pond, lake, canal, sea, or grade, a necessary access to the public road can be obtained.
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However, acquiring the right to use a necessary access road does not require a legal transaction or contract between the owners of the land surrounding the blind plot. This is because it is a right that the owner of a land with no access or exit should have under the landlocked property Act.
However, the owner of the landlocked property must compensate the owner of the surrounding land for the owner's need to construct a right-of-way and cause damage to another's land.
The compensation will be based on the assessment of the official or by agreement between the two land owners. The payment can be made in the form of monthly, annual, or lump sum rent, depending on the agreement.
However, the acquisition of a right-of-way requires that the law stipulate a right-of-way that is sufficient for the needs of the passerby.
Furthermore, legally, a right-of-way is not limited to a land-based right-of-way. If the owner of a landlocked property does not need to walk or drive a car onto a public road, but must use a water vehicle, he or she can use the right-of-way to dig a ditch to allow boats to access the public road, such as a canal or river.
However, the owner of a landlocked property must choose only one public exit; they cannot request access to both water and land-based accesses simultaneously.
Finally, for those who already own a landlocked property, they can request a right-of-way to allow access to a public road. In the future, you might want to divide your land into sections for sale.
Please note that if the land you are dividing is located on an inner plot and has no access to a public road, after the sale, the owner or buyer has the legal right to walk through the seller's land onto the public road without any compensation.
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Source of the article: DD Property: https://bit.ly/3sh2XU7
___________________________________________
Necessary Right-of-way under the Civil and Commercial Code
Necessary Right-of-way under the Civil and Commercial Code stipulates the term "necessary right-of-way" in Section 1349, which states:
If a plot of land is surrounded by other land with no exit to a public road, the owner of that land may pass through the surrounding land to the public road.
If a plot of land has an exit, but must cross a pond, marsh, or sea, or a steep slope where the land level and the public road are significantly higher, the provisions of the first paragraph apply.
The construction of a passage must be appropriate to the needs of the person entitled to the passage and take into account the surrounding land, minimizing damage to the least possible extent. If necessary, the person entitled to the passage may construct a road as a passage.
The person entitled to the passage must compensate the owner of the surrounding land for any damage resulting from the passage. Compensation, in addition to damages for road construction, may be determined on an annual basis.
___________________________________________
From the provisions of this section, it can be briefly summarized as follows:
Land that has been blocked by another plot of land, leaving it without a public access, can be constructed through the surrounding plot of land to a public road.
Requesting a passage to a place or road other than a public road is not permitted. Legally, a passage to the public road must be used, taking into account the least possible damage to the surrounding land.
If a blind plot of land has an exit to a public road, but the access route involves a pond, pond, lake, canal, sea, or grade, a necessary access to the public road can be obtained.
___________________________________________
However, acquiring the right to use a necessary access road does not require a legal transaction or contract between the owners of the land surrounding the blind plot. This is because it is a right that the owner of a land with no access or exit should have under the landlocked property Act.
However, the owner of the landlocked property must compensate the owner of the surrounding land for the owner's need to construct a right-of-way and cause damage to another's land.
The compensation will be based on the assessment of the official or by agreement between the two land owners. The payment can be made in the form of monthly, annual, or lump sum rent, depending on the agreement.
However, the acquisition of a right-of-way requires that the law stipulate a right-of-way that is sufficient for the needs of the passerby.
Furthermore, legally, a right-of-way is not limited to a land-based right-of-way. If the owner of a landlocked property does not need to walk or drive a car onto a public road, but must use a water vehicle, he or she can use the right-of-way to dig a ditch to allow boats to access the public road, such as a canal or river.
However, the owner of a landlocked property must choose only one public exit; they cannot request access to both water and land-based accesses simultaneously.
Finally, for those who already own a landlocked property, they can request a right-of-way to allow access to a public road. In the future, you might want to divide your land into sections for sale.
Please note that if the land you are dividing is located on an inner plot and has no access to a public road, after the sale, the owner or buyer has the legal right to walk through the seller's land onto the public road without any compensation.
___________________________________________
Source of the article: DD Property: https://bit.ly/3sh2XU7
