Legal and practical aspects of establishing servitude of right of way by court judgment within the framework of urban and rural development and changing global conditions

Abstract

As a result of urban and rural development new land areas are being acquired. However, many proprietors face challenges in terms of inability to access their immovable properties due to the reason that they are not adjacent to public roads. One of the ways how a person can acquire the right to use his or her property is to request a court to determine servitude of right of way to access the property. The goal of this study is as follows: to identify the problems of the described topic, to draw conclusions and to offer solutions to solve the identified problems by studying the legal framework of establishing servitude of right of way and the specific features of the application thereof. Methodology applied in the study: 1) general scientific – descriptive, analytical, modelling, dogmatic, deductive, and inductive; 2) interpretation of legal norms – grammatical, systematic, and teleological. Issues covered in the study: jurisdiction of the disputes over servitude of right of way; time limits for dispute resolution by courts; and impact of the initiation of insolvency proceedings on the progress of cases related to establishing servitude of right of way by a court. The following conclusions were drawn by the authors at the end of the study: global changes generate the necessity to facilitate urban and rural development in Latvia, inter alia, to tackle the issues of property accessibility.