Do you own a plot of land but have no access road? Legal solutions for establishing a right of transit⚖️

What is a right of transit?

A right of transit is the possibility of passing through someone else’s land to reach a public road when your property is landlocked (without access).

It is regulated by the Civil Code and can be:

• Legal – imposed by law;
• Conventional – established by agreement between neighbors;
• Judicial – established through a court ruling.

When can you claim a right of transit?

• If your land is surrounded by other properties and has no direct access to a public road;
• If no other reasonable access route is available;
• If access is absolutely necessary for the normal use of your property.

You have the right to request the establishment of an access route even without your neighbors’ consent, through court proceedings.

What can you do legally?

• 1. Try an amicable solution. Negotiate with neighbors and sign a notarized agreement for the establishment of the right of transit.
  
• 2. If refused, file a court claim. The judge will determine the route and compensation (if applicable).
  
• 3. Additional requests:
  • Request the layout of a road;
  • Secure the right to maintain and use the access permanently;
  • Register the right of way in the Land Registry.

Who bears the costs?

The owner benefiting from the right of way must pay compensation if:

• The neighbor suffers significant damage
• The structure of the crossed land is altered

The right of transit must be proportionate and affect the crossed property as little as possible.

Why is legal formalization important?

If you access the land without an established legal right, you risk:

• disputes with neighbors;
• being barred from access;
• decrease in your property’s value;
• problems when selling or obtaining permits.

A registered right of transit = legal security and protection of your investment.

Dorneanu & Chirvase Law Firm can assist with:

• Legal review of your land’s status;
• Assistance in negotiations with neighbors;
• Drafting and supporting the notarization of documents;
• Representation in court proceedings for establishing the right of transit.