The right of way is required when there is no registered road serving the parcel. It typically has a width of 3.60 meters, and compensation is required for the owner granting it.

1. How the right of way is granted:

Article 11A of the Immovable Property Law, Cap. 224, provides for two cases of acquiring the right of way:

• When a property is landlocked.
• When the existing access is insufficient for proper use, development, and exploitation.

The property owner can demand access over neighboring properties by paying reasonable compensation. They must notify the affected property owner, including a topographical plan and all relevant property details, and explain why the right of way is necessary.

2. Methods of granting:

• Voluntary grant: By agreement between the involved property owners.

  https://portal.dls.moi.gov.cy/application_forms/oikeiotheli-parachorisi-dikaiomatos-diodou/ 

• Compulsory grant: Through the compulsory acquisition process, which can take approximately two years.

  https://portal.dls.moi.gov.cy/application_forms/anagkastiki-apoktisi-dikaiomatos-diavasis-arthro-11a-2/ 

3. Compensation calculation:

Compensation is based on the land value for a passage width of 3.6 meters:

• Residential, touristic, industrial: 70% of market value.
• Agricultural with potential: 60% of market value.
• Pure agricultural: 90% of market value.
• If there is an intermediate passage: 50% of market value.

4. Building on a parcel with a right of passage:

Under the Streets and Buildings Regulation Law (Cap. 96), up to two residences may be constructed if the requirements of Article 4A are met.

http://www.cylaw.org/nomoi/enop/ind/0_96/section-sc9618421c-37b0-45a5-a81b-90dcbeab30a5.html 

5. Intervention in a right of way:

Read more: https://www.akinita.com.cy/index.php/el/symvoules-xristika/498-epemvasi-se-dikaioma-diavaseos 

6. Termination of the right of way:

The right is terminated when the purpose for its existence ceases, such as the construction of a registered road.

7. Paradoxes regarding the right of passage:

• The right of passage is considered usage, not purchase, but the applicant pays as if buying a road.
• If the grantor develops their land, they may be required to provide access without compensation.

8. Relevant articles and opinions:

• https://ecosmart.com.cy/περίκλειστα-τεμάχια/

• https://www.akinita.com.cy/index.php/el/symvoules-xristika/498-epemvasi-se-dikaioma-diavaseos

• https://www.philenews.com/apopsis/article/532001/ipochreosi-parochis-diodou/

Trifonas Mamas 

Property Valuer (MRICS–ΕΤΕΚ) 

Registered Estate Agent