Obtaining A Right Of Way

There are certain cases in which an owner of immovable property finds himself in a very difficult situation, where his property is surrounded by other properties without access to a public road. Section 11A of Immovable Property (Tenure, Registration and Valuation) Law Cap 224 gives a way out to these owners to overcome this unacceptable situation. In particular, the legislation gives the right to the "enclaved" owners to request a way to a public road through a neighbouring property with the payment of a reasonable amount of compensation. The minimum period for the completion of an application for compulsory acquisition for the right of way is 6 months, always depending on the workload of the Department of Lands and Surveys. In this article, we will see the significant provisions of the Law and the procedure for obtaining a right of way.