Necessary Way vs Servitude: What’s the Difference?

🐮 AG: Ex, the other day I was listening to the news,
and I heard the reporter talking about a “Necessary Way” (Thang Jam Pen).
Is that the same as a “Servitude Right of Way”?
Ⓜ️ Ex: Not really. They’re quite different.
🐮 AG: How so, P’Ex?
Ⓜ️ Ex: Okay, come sit closer. Let me explain.
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“Necessary Way” and “Servitude Right of Way”
are two similar legal concepts —
both concern the use of another person’s land for passage —
but they differ in several important ways.
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1. Meaning
☀️ Necessary Way (Thang Jam Pen)
means a right of passage where the owner of a land plot
has no direct access to a public road
and must pass through another’s land
to reach the public way — by necessity.
(According to Civil and Commercial Code, Section 1349)
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🌙 Servitude (Pharah Jamyom)
means a legal right that one landowner (dominant land)
has over another’s land (servient land),
such as the right to pass through,
usually arising from agreement
or long-term lawful use.
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2. Source of Rights
☀️ Necessary Way:
Created by necessity under the law.
The landlocked owner can request access
even if the neighboring owner does not consent —
(but must pay compensation).
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🌙 Servitude:
Usually created by contract, consent,
or continuous, lawful use —
for example, using the same passage peacefully
and openly for more than 10 years.
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3. Permanence
☀️ Necessary Way:
Temporary in nature.
Once the land gains access to a public road,
the necessity ends —
and so does the right of passage.
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🌙 Servitude:
More permanent.
Continues according to the agreement
until terminated or expired.
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4. Scope of Use
☀️ Necessary Way:
Usable only as necessary —
for instance, a narrow way sufficient for access,
but not beyond reasonable necessity.
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🌙 Servitude:
Used as specified in the agreement —
it may be for walking only,
or may also allow vehicles to pass.
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