Right of Way Over a Neighbour's Land in Poland: How to Get One Established

You've inherited or bought a plot in Poland, and once you're on the ground you discover there's no lawful way to reach it — the only access runs across your neighbour's land, and they won't agree to let you cross it. This is exactly the situation Polish law has a specific tool for: the "necessary road easement" (służebność drogi koniecznej — a statutory right of way). This guide explains when it applies, how to establish it — by agreement or through the court — what it costs, and what happens to the right when the plot changes hands.

This guide is general legal information, not legal advice. How the rules apply depends on the layout of the plots, the ownership documents and the neighbours' position. Where advice or representation is needed, the matter should be assessed by a licensed surveyor and a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Key points

• A necessary road easement applies when a property lacks adequate access to a public road or to farm buildings belonging to it (Article 145 of the Polish Civil Code, Kodeks cywilny, "KC").
• The route must impose the smallest possible burden on the neighbouring land — this is the statutory priority when choosing where the road runs.
• The easement is established for compensation payable to the owner of the land the road crosses.
• Two routes: by agreement (a notarial deed — a document executed before a Polish civil-law notary, notariusz — faster and cheaper if the neighbour agrees) or through the court (if you can't agree).
• Once entered in the land and mortgage register (księga wieczysta, "KW" — the Polish land registry that records ownership and encumbrances), the easement binds later owners of the burdened plot too, not just the current neighbour.
• This is not the same as a transmission easement (służebność przesyłu, covering access for utility infrastructure) — both can burden the same plot independently of each other.

When a necessary road easement applies (Article 145 KC)

The basis is Article 145 of the Civil Codesmallest possible burden on the land it crosses, - it should take account of the socio-economic interestsBy agreement. If the neighbour agrees, the fastest and cheapest option is to establish the easement by contract. The declaration of the owner of the property to be burdened must be made in the form of a notarial deedThrough the court. Where neighbours can't reach agreement, the owner of the property without access files an application with the district court (sąd rejonowy) with jurisdiction over the property's location. The case proceeds under non-contentious proceedingscourt-appointed surveyor (biegły geodeta) plays the key role — mapping out possible routes for the necessary road, assessing which one burdens the neighbours least, and calculating the proposed level of compensation. The court takes into account, among other things:

• the area of land taken up by the road,
• the loss of value or usefulness of the burdened plot (e.g. if it ends up split into two parts),
• any costs of surfacing or maintaining the road,
• the nature of the intended use (a private car crossing is a different scale of burden than daily traffic from farm machinery).

Compensationdisclosed in the land and mortgage registerThe owner of the property without access has a claim to have the necessary road easement established — they can pursue this before the court if no agreement is reached. - The owner of the property the road is to cross has a claim to compensation — they cannot object to the establishment of the road itself if the conditions under Article 145 KC are met, but they are entitled to demand fair compensation for the burden on their land. - If circumstances changeExtract from the land and mortgage register (KW) for your plot and the neighbouring plots (where available) | Establishes who owns the properties involved in the case | | Cadastral map / extract from the land register | Shows the layout of the plots and any existing access roads | | Photographs and description of the current access (if any exists) | Evidences that the access is inadequate — too narrow, seasonal, unsafe | | History of the property's division (if the lack of access arose after part of the land was sold) | Helps establish whose plot the road should cross first | | Correspondence with neighbours about access | Documents attempts to resolve the matter amicably | | Valuation from a property expert (at the court stage) | Helps estimate the realistic level of compensation |

Common mistakes

1. Using someone else's land "because it's always been that way", without formal title. Without an agreement or a court order, the neighbour can block the crossing at any time.
2. A vague verbal agreement with the neighbour. Even if the current owner agrees, without registration in the land and mortgage register the next buyer of the plot may not consider themselves bound.
3. Leaving compensation out of the conversation. A neighbour is more likely to agree if compensation is discussed openly from the start, rather than just asking for consent to cross.
4. Applying for a route across the plot that burdens the neighbour most, when a less burdensome option exists. This weakens your position in the application — the court will apply the "smallest burden" principle regardless.
5. Delaying, despite years of no access. The longer an informal arrangement continues, the harder it becomes to reconstruct the terms on which the crossing actually took place.
6. Confusing a road easement with a transmission easement. These are two different rights — one concerns access, the other utility infrastructure (e.g. a power pole or gas pipeline) on the land; more on the latter in our guide to compensation for transmission easements (in Polish).

Step by step

1. Check the layout of the plots and access to the public road — cadastral map, the Polish geoportal, a site visit.
2. Talk to the neighbour(s) about a possible route and compensation.
3. If they agree — book a notary and prepare the terms of the agreement (route, permitted use, compensation).
4. If they don't agree — file an application to establish the necessary road easement with the district court, naming all the neighbours whose plots are candidates for the route.
5. Take part in the site inspection with the court-appointed surveyor — set out your needs (type of vehicles, frequency of use).
6. After the order or the signed agreement — apply to register the easement in the land and mortgage register of the burdened plot.
7. Pay or collect the compensation as agreed (as a lump sum or in instalments).

Time limits and limitation periods

The claim to have a necessary road easement established is not subject to a fixed time limitclaim for compensationCan a neighbour refuse to agree to a necessary road easement?

They can refuse to agree to it by contract, but they cannot block the matter altogether — if the conditions under Article 145 KC are met, the court can establish the easement despite their objection, while at the same time setting the compensation owed to them.

How long does a case to establish a necessary road easement take?

It depends on the court and the level of conflict. Cases involving a surveyor's expert opinion typically take from several months to more than a year. A notarial settlement with the neighbour is much quicker — sometimes a matter of weeks.

Who pays for the court-appointed surveyor in a road easement case?Can I lose the right to a necessary road easement if I stop using it?Does a new owner of the neighbouring plot have to respect an already-established necessary road easement?

Yes, if the easement has been registered in the land and mortgage register of the burdened plot — it binds every subsequent owner, not just the person with whom it was originally established.

Related guides

• Boundary dispute in Poland: how a demarcation (rozgraniczenie) works step by step
• Noise and nuisance from a neighbour in Poland: how to seek an end to it
• Unlawful occupation of property in Poland: protection of possession and the vindication claim
• Property in Poland — all guides
• Boundary or easement dispute: how to handle it from abroad (in Polish)

Does your plot in Poland have no access to a public road, and the neighbour won't agree to a crossing? Describe your situation — we'll take a free look — tell us what the current access looks like, whether the neighbours are open to talking, and what documents you have (land register number, cadastral map). Submitting the form does not create any contract.