Right of passing trough a neighboring property
You may need to go through a neighboring property due to different reasons. For example, when laying the water pipes, building works, no access to the nearest street from your property, etc. Usually this issue rises many problems for the owners who want to pass through the neighboring property and their neighbor.
If both parties are in good relationship, the easiest way is to sign a contract in front of a notary describing the terms and conditions for the right of passing. It is very important to state in the contract that the described conditions shall be valid for the future owners of the properties as well.
In case both parties disagree and "other technical solution is not economically efficient, the right of passing through other properties is settled with Order by the mayor of the local municipality" as per art. 192 from the Spatial Development Act. In this case the owner who wants to pass through the neighbor's property files an request to the mayor who needs to give him/her the right to pass through the adjacent property. The mayor engages a commission which needs to determine the exact place for passing and the compensation for the caused damages to the neighboring property. The commission aims the project to cause less damage. Based on the conclusion of the commission, the mayor issues an order to set the right of passing. It is possible to appeal to the local court in case some of the parties disagrees with the order within 14 days after it is issued. Then the court solves the dispute. If the right of passing concerns a government property, then it is granted by the Regional Governor.
In case there are no complaints, the amount for the compensation is payable to the bank account of the owner of the neighboring property. The right of passing shall not be used in case it worsens the conditions for building, threatens the existing buildings or the use of the properties. It is possible both parties to agree to use the properties when the above conditions are valid.
The contract between the parties or the order of the mayor are registered in the Property registry as per the batch numbers of both properties.