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Swiss Civil Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 694

7. Rights of way

a. Ne­ces­sary right of way

 

1Where a landown­er does not have ad­equate ac­cess from his or her land to a pub­lic thor­ough­fare, he or she has the right to re­quire his or her neigh­bours to grant him or her the ne­ces­sary right of way in ex­change for full com­pens­a­tion.

2This right is in the first place ex­er­cised against the neigh­bour who, in the light of ex­ist­ing own­er­ship and ac­cess cir­cum­stances, may most reas­on­ably be ex­pec­ted to grant such right of way, and secondly in re­spect of the neigh­bour for whom it is least dam­aging.

3When de­term­in­ing the route of a right of way, the in­terests of both parties must be taken in­to con­sid­er­a­tion.