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Deals & Cases

Establishment of Right of Way (Easement), etc.

Real Estate Legal Consultation Case | A Favorable Judgment Establishing an Easement of Passage With Attorney Assistance

The client who requested a real estate legal consultation encountered a problem caused by a landlocked parcel of land in the course of selling a property he had lived in for 20 years, and through the legal consultation, was able to resolve the legal issue without difficulty.

CONTENTS
  • 1. The Account of the Request for a Real Estate Legal Consultation
    • - The Statutes Relevant to This Case, Examined Through the Real Estate Legal Consultation
    • - When a Real Estate Dispute Arises, a Real Estate Legal Consultation Is Advisable
  • 2. Real Estate Legal Consultation: The Plaintiff Was Unaware of the Existence of the Landlocked Land
    • - Real Estate Legal Consultation: The Defendant Also Raised No Objection for 20 Years
    • - Real Estate Legal Consultation: The Path Was Used for Access to the Residence
  • 3. An Easement of Passage Recognized Through the Real Estate Legal Consultation

1. The Account of the Request for a Real Estate Legal Consultation

통행지역권설정등기등-썸네일

The client who requested a real estate legal consultation encountered a problem in the course of selling a house he had lived in for 20 years, and proceeded with a legal consultation in order to resolve the real estate dispute.

During the real estate legal consultation, the client explained that he had purchased the land and built a country house on it. He also stated that he had tried to sell it but had been told by the real estate agency that this was impossible.

The reason was that it was a 'landlocked parcel,' that is, land with no road connecting it to the surrounding roads. As a rule, while land is landlocked, one cannot obtain permits for housing construction or for development activities.

However, the client stated that he had received no notice of any matters related to this, from the purchase of the land through the construction of the house, and that for more than 20 years he had personally repaired and maintained the so-called landlocked land and used it as a passageway.

Placed in this unfair situation, the client came to request a real estate legal consultation from Daeryun.

The Statutes Relevant to This Case, Examined Through the Real Estate Legal Consultation

Through the real estate legal consultation, let us review the statutes relevant to this case.

First, Article 44 of the Building Act provides that the site of a building must abut a road for a length of at least 2 meters. Land that abuts not an ordinary road but a motorway is classified as landlocked, because a building permit cannot be issued for it.

In the case of this client, it was possible to emphasize that he had possessed the passage land for a certain period. The relevant statute is as follows.

Acquisition by Prescription Through Possession of Passage Land

Article 245 of the Civil Act (Period for Acquisition of Ownership of Real Estate Through Possession) (1) A person who possesses real estate peacefully and openly with an intention to own it for 20 years shall acquire its ownership by completing the registration.
(2) Where a person who has registered as the owner of real estate has possessed it peacefully and openly, in good faith and without negligence, with an intention to own it for 10 years, he or she shall acquire its ownership.

When a Real Estate Dispute Arises, a Real Estate Legal Consultation Is Advisable

When a real estate dispute arises, a real estate legal consultation can be said to be essential.

Real Estate Disputes

▲Disputes over real estate redevelopment, reconstruction, and housing associations

▲Claims for real estate purchase price

▲Claims for the return of real estate lease deposits

▲Claims for the partition of co-owned property

2. Real Estate Legal Consultation: The Plaintiff Was Unaware of the Existence of the Landlocked Land

Through a thorough real estate legal consultation with the client, Daeryun LLC assembled a team of specialist attorneys composed of several experts with extensive experience in cases involving the establishment of an easement of way.

Daeryun's team of specialist attorneys argued strongly that the plaintiff had never been notified of the issue concerning the landlocked land during the procedures of purchasing the land and constructing the house.

■ At the time the plaintiff purchased the land from the defendant, the plaintiff was not notified that the land in this case was landlocked.

■ At the time the house in this case was built, the plaintiff was not subject to any building permit restriction by the competent authority on account of the land being landlocked.

■ The plaintiff was entirely unaware that the land in this case was subject to any restriction on passage.

Real Estate Legal Consultation: The Defendant Also Raised No Objection for 20 Years

After conducting the real estate legal consultation, the team of specialist attorneys decided to emphasize that the defendant had not given the plaintiff any notice regarding the land in this case.

The team of specialist attorneys argued that the plaintiff had used the land for more than 20 years, and that since the defendant had raised no objection during that period, the requirements for acquisition by prescription of an easement of way had been satisfied.

Real Estate Legal Consultation: The Path Was Used for Access to the Residence

Following the real estate legal consultation, the legal team argued that the land at issue had been used as a passageway for accessing the residence.

In addition, the team demonstrated that the land at issue had existed before the plaintiff constructed the residence at issue and that it had been used as a de facto road connecting the residence and the surrounding land.

3. An Easement of Passage Recognized Through the Real Estate Legal Consultation

통행지역권설정등기등-상담예약
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The court accepted the argument of the attorney at Daeryun Law Firm and rendered a judgment ordering that “the defendant shall carry out the procedure for registering an easement of passage over the land at issue in favor of the plaintiff, on the ground of completion of acquisitive prescription.”

In addition, the court ordered the defendant to bear the litigation costs as well.

With the assistance of Daeryun, the client was able to complete the registration of the easement of passage without difficulty.

This outcome may be attributed to the legal team’s emphasis on the facts that the client had not been informed that the land was landlocked at the time of its sale and that a passageway had been opened on the disputed land at issue and used up to the present.

If you face a situation similar to that of the client in the above case and require legal assistance, you are welcome to seek a real estate legal consultation with an attorney at Daeryun LLC.

부동산법률상담 사례 | 변호사 조력 받아 통행지역권설정 승소

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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