Ownership & RightsRight of Way
Synonyms: Easement of access، Access easement، Way of necessity
Last updated: 2026-09-25
Short Definition
A right of way is an easement entitling the owner of a property to pass across a neighbouring property owned by someone else to reach his own land or the public road; it arises by agreement or inheritance, or by operation of law for landlocked property that has no access, against fair compensation.
Overview
A right of way is an easement entitling the owner of a property to pass across a neighbouring property owned by someone else to reach his own land or the public road; it arises by agreement or inheritance, or by operation of law for landlocked property that has no access, against fair compensation.
Article 702 of the Civil Transactions Law provides that where someone has an established right of way over another's land, the owner may not prevent him, and that a right of way is not established by permission given out of tolerance. Article 703 gives the owner of a property with no connection to the public road, or whose access involves exorbitant cost or great hardship, a right to pass through the neighbouring property to the usual extent against fair compensation, exercised through the property where passage causes the least harm and at the spot where that is achieved. The right follows the general easement rules: its costs fall on the beneficiary unless agreed otherwise, and the landowner may ask for it to be moved to an equivalent location if it becomes burdensome (Arts. 711–713).
In practice, municipality-approved subdivision plans provide streets for every plot, so right-of-way disputes usually arise on farms and older unplanned land, or after an estate partition creates inner plots with no access. The right ends when its purpose disappears, for example when a public road reaching the property is opened (Art. 716), and a claim to it is not heard after ten years of non-use (Art. 717). It is advisable to document the width, location and consideration of a right of way and, in announced areas, record it in the Real Estate Registry so that it remains effective when either property is sold.
⚖️ Legal Basis
Rights of way are governed by the Civil Transactions Law (Royal Decree M/191 dated 29/11/1444H): Article 699 defining easements, Article 700 on how they are acquired, Articles 702–703 on rights of way and the landlocked owner's right against fair compensation, and Articles 711–717 on their effects, termination and the bar on claims after ten years of non-use. General Courts hear claims concerning rights attached to real estate under Article 31 of the Law of Procedure before Sharia Courts, and in announced areas the right is recorded under Article 13 of the Law of Real Estate Registration (Royal Decree M/91 dated 19/9/1443H).
💡 Practical Example
After the partition of an inherited farm in Al-Kharj, Noura's inner plot was left with no access to the public road, surrounded by her two brothers' plots. Unable to agree, she sued in the General Court, which appointed an expert who identified the least harmful route, 5 metres wide along the boundary of one plot. The court established the right of way against fair compensation of SAR 45,000 payable to the owner of the servient plot, with Noura bearing the cost of preparing the track. If the municipality later opens a street reaching her plot, her brother may ask for the easement to end because its purpose has disappeared.
⚠️ Common Mistakes
- ✗Believing that long passage allowed out of tolerance becomes a fixed right; Article 702 expressly denies this.
- ✗The landlocked owner demanding passage for free; the law grants it only against fair compensation.
- ✗Choosing the shortest route rather than the least harmful one; what matters is the property and spot causing least harm.
- ✗Failing to specify the width, location and type of use (pedestrian, vehicles, machinery) in the agreement.
- ✗Partitioning inherited land into plots without planning access for each, creating later right-of-way disputes.
🌍 International Differences
Most systems grant landlocked property a right of way: in Turkey it is called zorunlu geçit hakkı and is granted against full compensation, and Egypt's Civil Code provides it for land cut off from the public road. In common-law countries it is known as an easement of necessity, and a right of way may also be acquired there by prescription, unlike in Saudi Arabia.
FAQs
Does the owner of landlocked land have a right to pass through a neighbour's land?▾
Yes. Article 703 of the Civil Transactions Law gives the owner of a property not connected to the public road, or whose access involves exorbitant cost or great hardship, a right of passage through the neighbouring property to the usual extent against fair compensation.
Does passage allowed for years become a fixed right?▾
No. Article 702 states that a right of way is not established by permission given out of tolerance. It arises only by agreement, inheritance or, for landlocked property, by operation of law.
Who decides where the path runs across the neighbouring land?▾
The right is exercised through the property where passage causes the least harm and at the spot where that is achieved. In a dispute, the General Court usually decides with the help of an expert.
Can the landowner move the path?▾
He may ask for the right of way to be moved to another spot if it has become more burdensome or prevents useful repairs, provided the holder can pass as easily as before, under Article 713.
When does a right of way end?▾
It ends on the general grounds for ending easements, including disappearance of its purpose such as the opening of a public road reaching the property, waiver by the holder, or both properties coming under one owner. A claim is not heard after ten years of non-use.
