There is some confusion as to what constitutes an access acceptable as such by the authorities in order to allow the construction of a building. For this reason we hereby provide for your consideration the following:

• A public road must be at least 4.0 meters wide (as this is recorded on the official site plan not what exists on the ground).

• If no public road but you have secured a right of way over adjoining land and which leads to a public road of a width not less than 4.0 mts., a building permit will be secured if:

1. The maximum length of the right of way leading to the public road is no more than 600 feet (183 mts.) and the width must be no less than 3.66 mts.

2. If an animal farm building the length can increase to 305 mts. and 3.66 mts. wide.

3. If an industrial building/store maximum length 91.0 mts. and a width of 6.0 mts.

4. In case of agrotemachia – i.e. plots of land which is the result of a division of larger fields and which they are located in agricultural areas, the length is set at 305 mts. maximum and the width 3.66 mts. If located within a development area, the length is reduced to 100 mts. and the width to 4.0 mts.

5. In case that a second house is required to be erected outside the development area and using a right of way, potable water is required (not so for the first house). In case of 3rd-4th house in addition to the water supply, the width of the right of way must increase to 6.70 mts.

Please note that notwithstanding the registration of a right of way on a title, this right must lead to a public road of not less than 4.0 mts. wide. This is important since the title might refer to the right of way over adjoining properties, but it may not lead to any road. New titles, at times, refer to this, but not always.

Other points to consider is that you can make up at your own expense the right of way. A right of way is a “right” for the land locked land and compensation must be paid by the acquiring party. The location and the volume of compensation of a right of way is set (if not agreed amongst the parties) by the lands office. Either party might object both to the location and the amount of the compensation in Court. As a norm we will say that the right of way in terms of compensation, is assessed at 1/2-1/3rd of the freehold land value, plus any damage caused/diminution of value to the subservient property.

If the subservient owner is difficult the registration of the right of way on the title, from the date of the application might take 2-3 years.

In case that a plot of land has acquired a right of way but subsequently it has access from a public road, the subservient owner can ask the Lands Office to cancel the right of way (the compensation paid must be refunded).

We hope that this clears the picture, but surely should you require exact/more detailed information on a particular plot, it is best to discuss it with the local town planning office.

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