Right of Way Easement Agreement

Right of way easement agreement – professional template in Word format

An agreement creating a right of way is concluded where the owner of one property needs to cross a neighbouring property to reach a public road or their own plot. The owner of the land that is crossed is called the owner of the servient property, and the one in whose favour the easement is created is the owner of the dominant property. A verbal arrangement with a neighbour lasts only until the neighbour changes – a written agreement with registration also binds all future owners.

Real servitudes are governed by the Ownership and Other Real Rights Act (Zakon o vlasništvu i drugim stvarnim pravima), and the registration procedure by the Land Registry Act (Zakon o zemljišnim knjigama). The key rule that the template states expressly – an easement created by legal transaction arises only on registration in the land register, so a signed agreement alone, without registration, does not give a right that is effective against third parties.

Key features

• Professional template – 9 articles drawn up in line with the provisions on real servitudes, with a built-in clausula intabulandi (registration consent).
• Practical reliability – a separate article is devoted to describing the route (starting point, direction, width and length), with the option of attaching a sketch or a survey report.
• Easy to adapt – you choose the type of passage and the variant with or without consideration, and you enter the property details directly in Word.
• Digital delivery – the DOCX file with instructions for certification and registration arrives by e-mail immediately after purchase.

What the template includes

• Confirmation of ownership of both properties, with the cadastral parcel number, the land registry folio and the cadastral municipality
• Creation of a real servitude of right of way in favour of the current owner of the dominant property for the time being
• Choice of the content of the easement – passage on foot, driving of livestock, passage by vehicle, or a combination
• A detailed description of the route of the path with its starting point, direction, width and length, and the option of an annex with a sketch
• Consideration – a variant with a lump sum or annual payment and a variant of creation without consideration
• The rule that the easement is exercised in the way that burdens the servient property the least
• Maintenance of the path and the split of costs if the owner of the servient property also uses it
• A provision on permanence – the easement is inseparable from the properties and passes to all future owners
• The clausula intabulandi (registration consent) of the owner of the servient property allowing registration without further enquiry
• Allocation of the costs of certification of signatures and of registration in the land register

Who this template is for

• Owners of plots with no access to a public road who have agreed a passage with their neighbour.
• Families sharing a family plot after a division of the land, where one part is left without direct access.
• Farmers who need to move machinery or drive livestock across someone else’s parcel.
• Buyers and sellers of land who want to secure permanent access by registration before a sale.

Important. The signature of the owner of the servient property must be certified by a notary public, and the easement arises only on registration in the land register. If the neighbour does not agree, a contractual easement is not an option – a necessary passage is created by the court in a separate procedure.

Before signing, check the ownership and the encumbrances on both parcels – you can order a current title deed (land registry extract) from us. If you need the registration consent as a separate document, see our clausula intabulandi template.