Agrarian
My Property Has No Access to the Road: What Can I Do?
If your property is landlocked, the law lets you demand a right of way across neighboring land. Here is how it works and what it costs.
Translated from the Spanish original. If there is any discrepancy between the two versions, the Spanish text prevails. Read the original in Spanish.
Imagine buying a piece of land and discovering that the only way to reach it is by crossing your neighbor’s property. For years the neighbor let you through without any problem, but one day they lock the gate. Or think of the family that inherited a farm, divided it among the siblings, and one of the lots ended up “trapped” in the middle. These situations are common, especially in rural areas, and Costa Rican law offers a solution: the right of way (derecho de paso).
What does the law say?
The Civil Code (Código Civil) governs this situation in Articles 395 to 400. The starting rule is simple: the owner of a parcel enclosed by other properties, with no access to a public road or with insufficient access, has the right to demand passage across the neighboring land in order to make use of their own (Article 395).
This right is not free: whoever requests it must pay the neighbor the value of the land used for the passage and any other harm it causes.
An important detail: the law does not require the property to be completely enclosed. It also applies when the existing access is not “sufficient,” for example, a footpath that no vehicle can use and along which the harvest cannot be hauled out.
Where does the passage go, and how wide is it?
This is the point that causes the most disputes. The Civil Code sets out several rules:
- The neighbor can propose another route. If there is another property where the passage could be established with the same advantages for the person requesting it and fewer inconveniences, the neighbor may object and point to that alternative (Article 396).
- The owner of the affected land chooses the location first. The person who must grant the passage has the right to indicate where it will run. If the person requesting it does not agree, the judge decides, seeking a balance between the interests of both properties (Article 397).
- The judge sets the width according to need. The passage must be sufficient for the actual needs of the enclosed property, but it cannot be less than two meters or more than six meters wide, unless the neighbors agree otherwise (Article 398).
When the passage is free: sales and divisions
There is a special case worth knowing. If part of a property is sold, exchanged, or allotted to one of its co-owners, for example in an inheritance or when siblings divide a property, and that part ends up enclosed, the law treats the right of way as automatically granted and without any compensation (Article 400).
The reasoning is logical: whoever divided or sold the land created the problem, so they cannot charge to solve it.
What if I later obtain another access?
The right of way exists because it is necessary. If the owner of the enclosed property later obtains convenient access to the road, for example by buying a parcel that borders the street, the neighbor may ask to be released from the obligation by returning what they were paid for the land (Article 399).
What if the neighbor refuses?
Ideally, the parties reach an agreement. When both sides agree, the right of way can be established in a public deed (escritura pública) and recorded in the National Registry (Registro Nacional). This makes clear where the passage runs, how wide it is, and what was paid, and the right is respected even if either property changes hands.
If there is no agreement, the path forward is to go to court so that a judge can set the location, the width, and the compensation. If the properties are used for agricultural production, the matter usually falls under the agrarian courts; if they are urban or residential properties, under the civil courts.
A word of caution: the fact that a neighbor has allowed passage for many years does not, by itself, mean that a right exists. Often it is simple tolerance, which can end at any time. That is why it is advisable to formalize the situation while the relationship is still good.
Practical recommendations
- Before buying, verify access. Review the registered survey map (plano catastrado) and the title search (estudio registral). Confirm that the property borders a public road or has a recorded right of way.
- If you are going to divide or sell part of a property, plan the access routes. It is much simpler and cheaper to resolve this at that stage than afterward.
- Put agreements in writing. A verbal agreement with your neighbor protects neither of you against future owners.
- Seek advice before closing or opening a passage. Acting on your own can make the dispute worse.
Need help?
Every property has its own history: how it was created, what the survey maps show, what agreements exist, and how it is used. At Murillo y Guzmán we can review your case, negotiate with your neighbors, and, if necessary, represent you in court. Book a consultation.
This article is for informational purposes only and does not constitute legal advice for any specific case. To discuss your situation, book a consultation.