Tuesday, March 21, 2023

This is how the right of way works

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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.

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