TMK Article 747: "The owner who does not have an adequate passage from his property to the general road may request from his neighbors to grant the right of passage for a full price."
Conditions
- The property does not have access to the road
- The requested passage must be the least damaging alternative
- The full price must be paid. payment
Passage Fee
It is calculated by an expert, taking into account the damage caused by the passage. One-time compensation is paid.
Supreme Court 14. HD
14. HD accepts that it is looking for an "objective necessity" condition for the right of way, and that there should be no alternative to accessing the property. recommended.