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Swiss Civil Code

Art. 694

7. Rights of way

a. Ne­ces­sary right of way

 

1 Where 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.

2 This 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.

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