Comparison between easement and right of way

Abstract

Both the easement and the right of way are included and explained in detail in the New Civil Code. However, it is unclear to many citizens as well as to some legal practitioners what the differences are between the two seemingly identical rights. Starting from the above, the present study aims at a comparative analysis between servitude and the right of way, highlighting both the similarities and the differences between these types of rights. Therefore, the paper deals with both theoretical and practical, in turn: the definition of the concepts of easement and right of way, similarities and differences regarding the legal modalities of establishment, the exercise of the right of easement and the exercise of right of way (rights and obligations of the owner of the encumbered fund , respectively of the dominant one), the extinction of the two rights. The article also wants to emphasize the importance of electronic media for the advertising of both rights in the current pandemic context.