Centuries-old right of way is still valid

A right of way is an easement: the right to cross the land of another (the servient tenement) for the benefit of your own land (the dominant tenement). Even a centuries-old right of way is in principle still valid, provided it has been legally established or has arisen through prescription.

What is an easement?

An easement is a burden on real estate (the servient tenement) for the benefit of another property (the dominant tenement). The owner of the servient tenement must tolerate something or is prohibited from doing something for the benefit of the dominant tenement. The right of way—the right to cross someone else's land to reach your own property—is a well-known example of this.

How does a right of way arise?

An easement is typically established by deed of notarial execution or by prescription (long-term, uninterrupted use subject to statutory conditions). Once established, the right rests on the property and, in principle, passes to subsequent owners. As a result, a right that originated centuries ago may still be valid today.

The law continues to apply — even if it is old

The age of a right of way does not affect its validity. As long as it was legally established and has not ended, the owner of the servient tenement must continue to tolerate it. Therefore, you cannot simply disregard an old right of way because it 'has existed for so long'.

How does an easement end?

An easement can terminate under certain conditions, for example by relinquishment, termination by the court (in the event of changed circumstances or if the right has become meaningless), or by prescription due to prolonged non-use. This requires careful consideration; seek advice before assuming that a right of way has lapsed.

Frequently Asked Questions

Is an old right of way still valid?

In principle yes, as long as it has been validly established or arose through prescription and has not terminated. Age does not affect validity.

How does a right of way arise?

By establishment by notarial deed or by prescription (long-term, uninterrupted use under the statutory conditions).

Can an easement end?

Yes, subject to conditions, for example through relinquishment, annulment by the court, or prescription due to prolonged non-use.

Questions about easements or right of way?

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