A problem you cannot see from the road
For years the parcel was reached across the neighbour's yard and nobody asked questions. Then the owner changes, or a building permit is sought — and legally there is no access. For a building permit the parcel must have secured access to a public road.
Three ways to gain access
- Contractual right of way — an agreement with the neighbour, notarised and registered in the land registry; the fastest and cheapest solution.
- Buying or swapping a strip of land — a permanent solution, usually with a subdivision separating the strip.
- Court-established necessary passage — when no agreement is possible; the court decides, with compensation to the neighbour.
Where the surveyor comes in
Each of the three routes requires a precisely defined alignment: we survey the existing track, prepare the sketch or subdivision report for registering the easement or separating the strip, and provide the basis for the contract or court case. Without an exact alignment on the plan, registration fails.
Advice before buying
Check access before the deposit — in the land registry (a registered easement) and on the ground. We have always passed through here is not a right, only goodwill that lasts until the first change of owner.
Related service
Stake-outs and as-built surveys →