Legal right of way. Landlocked property. Meaning

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Land without access to the public road, i.e. landlocked property, means land which is surrounded by various other properties, without the owner of the dominant land having any other means of access to the public road.

On the one hand, the court observes that the concept of "landlocked property" refers to a land which, being surrounded by other owners' land, does not allow its owner sufficient access to the public road.

On the other hand, if one were to accept the hypothesis of the applicability of the text to a building without access to the public road, the court observes that the text of the law cited is limited to defining the landlocked property as that which has no exit to the public road, in the application of this text taking into account the absolute impossibility of exiting to the public road, existing when the building is surrounded on all sides by other properties, of other owners, as well as cases in which the exit would be insufficient, so that its use cannot be made properly, would present serious inconveniences or would be dangerous. Whenever the property has an exit to the public road on a road which, in certain circumstances, is impracticable, but which may become practicable even under more burdensome conditions, recognition of a right of way on the adjoining owner's land is not justified.