周圍土地通行權의 範圍

The Scope of the Right - of - Way

The right-of-way is gives the dominant owner the right to use the servient land. The purpose of the right of way is adjustment to the ownerships of adjoining lands. The location and method of the way have to be settled to minimize the damage of the original landowner. There are no overall standards of which location or area is proper, but it should be settled by the usage of the land and the purpose of the land use. When it comes to the right-of-way, the width of the way is critical problem. The way of houses needs satisfactory boundary for the passengers to enter in the house. Construction Law provides that buildings have passage with the width of 2 meters or more and buildings with an area of 2,000 square meters or more have passage with the width of 6 meters or more. Although the right-of-way differentiates its purpose from Construction Law, we may use similar standards of the width of the way in Construction Law. For the use of vehicles is universal today, when the surrounding landowner requests pass of the vehicle we should consider overall circumstances of the region. There could be three cases by the conditions; 1) vehicles pass through the way before the request, 2) vehicles don't pass the way but it has sufficient width for vehicles' passage, 3) the way's width is not sufficient for vehicles' passage. Case 1) permits the passage of vehicles. Case 2) and 3) should be examined with more information. In case 2), the request can be accepted more easily. Civilization and land prices' skyrocketing bring many problems about the right-of- way. Currently, we have not established standards that can be applicable to all right-of-way cases. The specific cases should be examined with the specifics e.g. regional properties (urban or suburban areas), usages of the land (residential or commercial areas), the way's present situation or geographical features of the neighborhood etc.