Right of way (servitude) in Romanian property law
A right of way is the right of the owner of a landlocked plot to cross the neighbours land in order to reach a public road.
Definition
Right of way
Articles 617-620 of the Romanian Civil Code grant the owner of a landlocked plot the right to cross a neighbouring property to reach a public road. The plot must be effectively landlocked, the situation not caused by the owners own act, and the passage must follow the shortest and least damaging route. The servitude can be set up by notarised agreement, by court judgment when the parties cannot agree, or by long-term use (acquisitive prescription, 10 or 20 years). The court orders a topographic expertise to establish the route. The neighbour granting the passage is entitled to compensation proportional to the damage. The right is extinguished when another road becomes available, by 10 years of non-use, by waiver or by confusion.
Frequently asked questions
No, if the plot is truly landlocked. A court can compel the granting of the servitude.
Yes, proportional to the damage caused, set by judicial expertise.
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