Research on right of way as a restriction on the rights of property owners
The right to own a property is one of the most important fundamental human rights, but property rights may be restricted in the interests of society as a whole or of an individual. A right of way easement (the right to use or access another person’s property) is one of the restrictions on property rights, where the rights of one property owner are restricted for the benefit of another owner or property owned by another person.
This dissertation thesis studies the right of way from its origins to the present day, revealing peculiarities in the legal regulation in ancient Roman sources and how it is reflected in civil law, and examines how it has developed over time.
The history of the right of way easement is examined through the prism of implementation, proportionality, and protection of the interests of the dominant and servient property owners, revealing the external legal and practical circumstances that affect the interests of property owners, such as, the legal system in the country, government decisions in the sector, amendments to substantive and procedural law affecting the servitude of right of way, case law findings and their impact on solving problems related to servitude of right of way and the protection of owners' legal interests in servitude cases.
Special attention is devoted to studying and analysing the practical application of legal norms that govern the establishment and termination of the right of way easement.
Jolanta Dinsberga will defend her doctoral thesis Genesis of Legal Framework for Servitude of Right of Way: Legal and Practical Aspects of Interests of Dominant and Servient Property Owners on 6 December 2023. Read more
