What a landlocked plot is, and what the law gives you
Where a plot of land is so surrounded by other plots that it has no way out to a public road, the owner of that plot may pass over the surrounding land to reach the public road, under Section 1349 of the Civil and Commercial Code. This is the right of necessary way.
The law does not let you pick any route you like. The place and the manner of the passage must be chosen as reasonably necessary and with the least possible damage to the surrounding land.
This is a legal right rather than a neighbour's kindness, but it is not free in every case: as a rule the user of a necessary way must pay compensation to the owner of the land crossed.
The important exception is Section 1350. Where a subdivision or a partial transfer of land is what left one plot without access to a public road, the owner of that plot may claim a way only over the land that was subdivided or transferred, and without paying compensation.
A necessary way and a servitude are not the same thing
A servitude is where immovable property is subject to a burden requiring the owner to accept certain acts affecting their property, or to abstain from exercising certain rights, for the benefit of other immovable property, under Section 1387.
The practical difference is where it comes from. A necessary way arises from the fact that a plot has no access. A servitude arises from an agreement that is registered, or by prescription from using the way peacefully, openly and with the intention of holding the right.
The consequence is that a registered servitude appears in the register of rights on the back of the title deed and runs with the land when it changes hands, while a necessary way is not registered for anyone to see in advance, so a buyer has to ask about it and check.
For land inside a subdivision project, the roads and the park already fall under a servitude for the benefit of the subdivided land by statute, which is covered in our article on housing estate common fees.
Four checks before buying land with no road frontage
First, establish from the documents whether the plot really touches a public road. The shape and position can be checked in the Land Department's system before you travel to see it, as set out in our article on checking the title and appraised value online.
Second, read the register of rights on the back of the deed, because a registered servitude appears there, both where this plot benefits and where this plot carries the burden.
Third, ask what the access being used today actually is. If it is a track over somebody else's land with no document behind it, that is an unresolved risk rather than something that comes free with the land.
Fourth, look at the history of subdivision. If the landlocked position was created by a subdivision or partial transfer, the right to claim a way over the subdivided land carries no compensation under Section 1350, which changes the whole negotiation.
How a bank sees a landlocked plot
Land with no access to a public road is difficult collateral to sell at auction, and that is why it is cheaper than the neighbouring plot with frontage. That price gap is not profit waiting to be collected. It is the price of a problem that has not been solved.
What turns the plot back into ordinary collateral is registered access, not a friendly neighbour, because neighbours change hands and the new owner is not bound by the old one's verbal arrangement.
Before buying as an investment, put the cost of creating proper access into the purchase price from the start: compensation to the owner of the land crossed, registration costs, and the cost of building the road itself.
Settle it with documents, not with familiarity
The most secure route is to register a servitude for a footway or a vehicle way on the deed of the land being crossed, stating the width, the alignment and who maintains it in the agreement.
If the surrounding owner refuses, the law still allows the necessary way right under Section 1349 to be pursued, which can end up in court. Litigation costs time and money, so it belongs at the end of the list rather than the start.
What to do first is to bring in a surveyor and a legal adviser to look at the routes that are actually feasible on the map before you talk to the neighbour, because a proposal with a drawn alignment negotiates far better than a vague one.
For an owner with an access problem who wants to sell, resolving the access before listing changes both the buyer pool and the price. Our approach is on the land selling service page.
Frequently asked questions
Can a landlocked plot demand access?
Yes. Section 1349 of the Civil and Commercial Code lets the owner of a plot surrounded by other plots with no way out to a public road pass over the surrounding land, choosing the place and manner as reasonably necessary and with the least damage.
Is compensation payable?
As a rule the user of a necessary way must compensate the owner of the land crossed, except under Section 1350 where the landlocked position was created by a subdivision or partial transfer, in which case a way over the subdivided land carries no compensation.
What is the difference between a necessary way and a servitude?
A necessary way arises from the fact of no access under Section 1349. A servitude under Section 1387 arises from a registered agreement or by prescription, and appears in the register of rights on the back of the deed.
I have used a track for years. Do I get the right automatically?
Continuous use can lead to a servitude by prescription, but the use must be peaceful, open and with the intention of acquiring the right, which is a matter of fact to be proved rather than something you simply have.
Will a bank lend against a landlocked plot?
It is harder and the loan amount is usually lower, because the collateral is difficult to sell at auction. Registered access on the deed is what improves the position.
How do I find out whether a plot carries a servitude?
Request a certified copy of the deed at the land office and read the whole register of rights on the reverse, where a registered servitude appears for both the benefited and the burdened side.
The neighbour gave verbal permission and the new owner has refused. What now?
A verbal arrangement does not bind a new owner the way a registered document does. The remedies are to negotiate a registered servitude, or to pursue the necessary way right under Section 1349, which may require the court.
How wide is a necessary way?
The Code sets no fixed figure. It sets the principle that the place and manner of the passage must be reasonably necessary and cause the least damage to the surrounding land, so it depends on how the land is used and on the facts of each plot.
Summary
- A plot with no way out to a public road may pass over the surrounding land under Section 1349, on the least damaging reasonable alignment.
- Compensation is the rule, except where the landlocked position came from a subdivision or partial transfer under Section 1350.
- A servitude under Section 1387 comes from a registered agreement or prescription and shows on the back of the deed; a necessary way does not show in advance.
- Before buying, check the parcel shape, the register of rights, the access actually in use, and the subdivision history.
- Landlocked land is hard to finance and hard to resell, and the price discount is the cost of the unsolved problem.
- The durable fix is a registered servitude stating width, alignment and maintenance, not a verbal understanding.