enter someone else’s property
This is how the right of way works
When people use a path on neighbors’ property to get to their own property, the right of way applies. What the right of way says and what is important when it comes to neighborhood disputes.
Published: 13 minutes ago
Disputes often arise between neighbors when one neighbor has to use the other’s driveway (symbol image).
The right of way formally describes the right to use someone else’s property for passage. Neighbors in Switzerland can conclude a publicly notarized easement contract with one another for a right of way, for example for the passable route to the nearest public road, and have it entered in the land register. It must be clearly defined where and how the affected property may be crossed.
The exact routes must be drawn on a plan that is part of the easement agreement. A property owner can enter someone else’s property in order to get to his own property. The right to walk or drive can also apply to tenants, housemates, visitors, suppliers or customers of the legitimate property owner, provided that the exercise is directly related to the use of the property provided for in the easement agreement.
This is the right of way
For example, the establishment of a sales business on the property owner’s property does not have to be tolerated by the neighbor who has rights of way. Property owners and neighbors can make their own agreements about the maintenance of the path or road.
If there is no agreement between the parties, the so-called right of way comes into force in Switzerland. Within the framework of the right of way, people can assert in court that they are granted an emergency way – but with full compensation for the neighbor.