Do you know who owns the driveway to your property?
Were you buying a property? If so, have you checked who owns the driveway to your property in addition to the ownership deed?
I'm sure you can think of someone who would ask such a question?
After all, we drove to the property and didn't think any more about it. A trivial matter at the first sight, but one that can cause considerable problems and associated headaches. In the worst case scenario, you may own the property, but the owner of the non-public road may restrict or even completely prevent you from crossing his road or property.
The Civil Code takes these cases into account as well and says that if a property cannot be used because it is not sufficiently connected to a public road, the property owner can request that the neighbor allow the necessary path across his property for compensation.
Did you read that last sentence and breathe a sigh of relief?
Except that it comes with the obligatory BUT where the court does not allow the establishment of a necessary route if you have caused the lack of access by your gross negligence or willfully.
So how to proceed in an ideal case?
When buying a property, be sure to check whether there is access to the property from a public road, how the use of the driveway is regulated and don't be afraid to approach the owner of the driveway directly with an offer to enter into a contract to secure the use of the driveway to your property. All of these activities will help you prove that you did not cause the lack of access to your property by your gross negligence or intentionally in the event of an application to establish a necessary driveway.