Notion of an appropriate access to a public road or farm buildings pursuant to Art. 145(1) of the Polish Civil Code

Abstract

The performance of the title to the land pursuant to its social and economic purpose requires, as a rule, an appropriate access to a public road as such access constitutes one of the basic needs of each real property owner. However, the location or configuration of the real property may limit or even exclude it. Granting the easement of the necessary road lies within the competencies of legal institutions allowing an appropriate access to a public road (Art. 145 of the Polish Civil Code). This institution allows the establishment by court of the real property easement ensuring the easement of access even against the will of the owner of the potentially encumbered real property. The grounds to establish such easement include lack of an appropriate access of the real property (or farm buildings) to a public road. The article analyses the case-law and literature concerning the interpretation of the notion of an appropriate access to a public road; the well known concepts were systematised and new interpretation variants were proposed in the scope of some aspects.

Keywords

• Appropriate access
• public road
• farm building
• real property easement
• easement of access