úthasználati

Úthasználati refers to the right to use a road or a passage across someone else’s property to reach a location, typically a road or a parcel of land. In Hungarian property law it is generally treated as a form of real right that allows the holder to traverse a route on another person’s land, or to use a private road, for purposes such as access to a landlocked plot, delivery, or utility maintenance. The concept is commonly described in terms of a szolgalmi jog (servitude) or, in some contexts, as a contractual easement.

The right is usually created by agreement between the landowners, by a court decision, or by prescription when the use has occurred for a long period in an uninterrupted and open manner. The úthasználati right attaches to the dominant estate (the land or building that benefits from the path) and burdens the servient estate (the land crossed by the path). It is typically registered in the land register, so it binds current and future owners of the affected properties.

Content and scope of the right can vary: it may specify the exact route, the allowed means of passage (pedestrian, vehicle, or both), times of use, and any limitations or obligations for maintenance. Costs for upkeep and responsibilities for repairs are usually defined in the accompanying contract or by default rules of civil law. The right generally obliges the servient owner not to obstruct the passage, while the dominant owner must use the path reasonably and without creating undue nuisance.

When a public road exists nearby, úthasználati rights concern private passage across another’s land rather than the use of public infrastructure, and remain subject to traffic and safety regulations governing road use.