Diferenţele dintre dreptul de trecere şi servitutea de trecere

Differences between right of way and easement

Abstract

The subject-matter of the dispute is the establishment of a right of way on the neighbouring owner's land, in the sense of the use of the access path and the internal road, even though the plaintiff's land had a public road access path, which, however, did not allow it to use the property as it wished.

The right of way is a legal limit to the right of private ownership, being a simple restriction on the exercise of this right in neighbour relations, while the easement is a dismemberment of the right of private ownership, being established in order to ensure the enhancement of the immovable property in favour of which it is created. Thus, while the right of way can only be acquired by virtue of a legal act or by usucaption, in accordance with the provisions of Article 756 of the Civil Code, the legal right of way can be established even by judicial means, in the absence of a...