The right of necessary passage is a key legal solution for property owners whose land lacks direct access to a public road. If your property is landlocked, this guide explains what necessary passage is, how to obtain it, and the legal process in North Macedonia.
What Is the right of necessary passage?
The right of necessary passage is a legally recognized servitude that allows the owner of a landlocked property to access a public road, water supply, or other infrastructure through a neighboring property.
👨⚖️ Legal Basis: This right is regulated by Macedonian property law and can be acquired through an agreement or a court decision.
✍️ Key Characteristics:
✔️ The passage is registered as a servitude in the Cadastre.
✔️ It can be obtained through an agreement or court ruling.
✔️ The passage must cause minimal burden on the affected property.
✔️ The owner of the burdened property may be entitled to fair compensation.
How to obtain the right of necessary passage?
🔹 1. Agreement between property owners
The quickest and easiest solution is a mutual agreement between neighbors. If the neighbor agrees, the agreement should be in writing and notarized to ensure legal validity.
🔹 2. Court procedure for necessary passage
If an agreement is not possible, the landlocked property owner can file a lawsuit before a competent court:
📌 A court-appointed expert determines the most appropriate passage route.
📌 The court issues a legally binding judgment.
📌 The passage is registered in the reals estate registar as a servitude.
💡 Important Considerations:
✔️ The passage must be the shortest and least disruptive to the affected property.
✔️ The court may order financial compensation for the affected owner.
✔️ If a new road is built, the right of passage may be revoked.
What if my property has an alternative access route?
If your property already has access to a public road, the court will not grant a necessary passage.
Does my neighbor have to agree?
No, if they refuse, the right of necessary passage can be obtained through a court ruling.
Do I have to pay for necessary passage?
In most cases, the owner of the burdened property has the right to fair compensation.
How long does the court procedure take?
The duration depends on the complexity of the case, but it typically takes several months to a year.
Can the right of necessary passage be revoked?
Yes, if the property gains alternative access, the servitude can be legally removed.
