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The purpose of the right of access to landlocked lands is to reconcile the interests of adjacent landowners and promote overall societal economic benefits. Therefore, it is not solely determined by whether the land is connected to a public road but also requires that the land be usable for general purposes in order to enhance the economic utility and value of landlocked lands, achieving maximum resource utilization and land value.
This study focuses on the portion of adjacent relations involving the right of access in the Property Rights section of the Civil Code. Firstly, it explains the legislative history, legislative amendments, requirements for the right of access, and legal effects. It also searches for relevant court case precedents, analyzes common disputed issues in court judgments, such as pathway width and compensation.
Furthermore, the study delves into the range of pathway widths for landlocked lands, finding that cases with a width of 3 meters (most suitable for pedestrian and vehicular traffic) are the most common, with the highest confirmation rate by the courts. As the width increases, the number of cases recognized by the courts gradually decreases. Compensation is based on the current declared land value, considering the use of the landlocked lands and surrounding environmental factors, with interest rates ranging from 5% to 8% per annum in most cases.
Through case analysis, the study explores the impact of regulations on the right of way for building sites and agricultural lands, considering pathway width requirements in light of building regulations or agricultural-related provisions.
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