THE NECESSARY PASSAGE
Sidorela KRYEZIU
Abstract
Through this paper, the necessary transition and its legal importance will be elaborated. To carry out this study, literature has been collected and studied in order to present the analysis of the achievements so far and the creation of a theoretical basis for further research with reliable and valid data. Descriptive, analytical, and comparative methods were used. Necessary passage is introduced as a result of a necessity, which arises to pass through the land of another at a certain degree of socio-economic development, of private property relations in a certain society. A necessary passage is created for the benefit of an owner or current possessor of a dominant item through the service item of another current owner or possessor, and at the request of the former when there is no exit to the public road, or when this exit (connection) is difficult, inappropriate or insufficient. In judicial practice, it has been said that, in principle, the necessary passage cannot be created through domestic yards, except in the case when there is no other way out or when it cannot be done without very large expenses. The right to request the creation of a necessary passage is not prescribed. Necessary passage provides a special legal institution, which comes into expression when there is a need for passage while there is no servitude of passage, and in this case, the court allows the necessary passage under the conditions provided by law.
Pages: 131 - 140