Temporary access roads: duties of the owners of the servient and dominant land

An easement for a temporary road allows vehicles and an unrestricted number of people to reach the dominant land. It is broader than a right of passage over another’s land that does not provide vehicular access and benefits only the dominant properties.

The owner of the servient land (the land over which the easement is granted and the temporary road runs) retains ownership rights but must tolerate what the easement holder is entitled to do and refrain from what the holder is entitled to prohibit. The owner must not obstruct exercise of the easement: for example, they may not build on the part of the property over which the right of passage is exercised. They need not, however, contribute to the expenses of exercising the easement.

The servient owner’s obligation is to refrain from acting. An obligation to take positive action is inconsistent with the nature of an easement as a restriction on ownership of the servient land.

The owner whose property benefits from the easement must exercise it in the least burdensome manner. In exercising it, the holder must respect the interests of the servient owner: while safeguarding the dominant owner’s interests inherent in the easement, the servient owner’s interests are to be restricted only to the minimum strictly necessary. The dominant owner may not prohibit works on the servient land that change the manner in which the easement is exercised without making its exercise appreciably more difficult.

The temporary road is used until a new street is opened under the detailed development plan. Once the street opens, the order authorising the temporary road ceases to have effect without the need for a separate revocation order.

This article is not a legal opinion of attorney Elitsa Markova, attorney Mihail Tomov or a lawyer at Markova, Tomov and Partners, or advice concerning a particular situation or person. For legal assistance with an easement, consult a lawyer practising in property law.