Necessary passage

The new Civil Code No. 89/2012 Coll. contains a detailed regulation of the so-called necessary passage. An emergency route can be established by a court decision if a plot of land is not connected to public roads.

The old Civil Code regulated the necessary passage only in a single paragraph (§ 151 o para. 3). The new Civil Code contains the regulation of the necessary passage in sections 1029 to 1036.

The Supreme Court has already issued a decision on the new necessary passage. The case was about interpreting one of the legal restrictions of the necessary passage: the case when the owner himself caused that the property has no access. In the present case, the owner has already bought the property without access, whereby the question arose whether the purchase of a property without access already means that the owner has caused the lack of access? The answer is that this is not necessarily. In contrast to the gross negligence or intent, a simple negligence of the buyer during acquiring a property does not lead to the fact that no necessary passage can be established.