Question
There is no access to my garden shed except via the neighbouring property, which has now been acquired by a new owner. The new owner prevents me from accessing it because I do not have an easement. I have not been able to reach an agreement with him because he is asking for a relatively high sum. In the past, however, the footpath always led through this property. I would like to apply to the court for a gratuitous easement. Do I have a chance of success?
The answer
Following the current case law the restriction of the property right in the form of the establishment of an easement by a court decision has to occur in return for compensation.
Answer according to the current legal status valid on 21/11/2022.
Note
Odpoveď spracovaná podľa aktuálneho právneho stavu ku dňu 21. 11. 2022.