Exist situations where the owner of a house or residence can access the road by crossing only a section of land or road which they are not his property. In these cases, the interested citizen (whom we will call AB from now on) can ask the owner of the “middle” area (whom we will call CD) to cross it in order to easily reach the public land.
In our legal system of this kind agreement between parts identified with formulation easement of passage. Let’s try to clarify this right and, first of all, try to understand whether it is possible install a second right of way where there is already another one.
When can a right of way be requested?
If the two interested parties reach an agreement in principle for the right of way, then it remains to be done inform the municipalities responsible for the given municipality.
Ma: there is also a possibility that AB will oppose the signing of the agreementin this case, if the right to access public land CD: related exclusively to the encroachment of the territory in question, the latter may ask the competent authority to formulate the so-called forced easement.
What happens, however, if a third party (which we will call EF in this paper) is applied acquire the right of way on the same path as AB where CD already passes. Let’s see what the law says in this matter.
Can you apply for an easement on land that is already owned by someone else?
To regulate the principles laid down by our legal system and therefore by the judges of the Constitutional Court different easements that may claim the same area are as follows:
- ill a new contract between AB and EF can be entered into without any restrictionsprovided that this does not limit an easement already existing in CD’s name;
- Similarly, CD cannot oppose the definition of a new easement between AB and EF without even alluding to the possible increase in traffic on the road in question, which did not appear to the magistrates to be a sufficient reason to require the invalidity of the agreement between AB and EF.
