Landlocked Land Right of Way & Passage Compensation

Landlocked Land Right of Way & Passage Compensation helps estimate Korea-related construction defect, water leak, sunlight, jeonse fraud, lease, key money, land compensation, and eviction dispute assumptions in English.

Legal scenario inputs

Enter Korea-related court, traffic, debt, family, civil, medical-dispute, criminal, or real-estate dispute assumptions. Results are simplified planning estimates.

Delay interest or risk reserve

₩6,400,000

Net dispute amount

₩86,400,000

Monthly exposure

₩7,200,000

Secured ratio

20%

12 month dispute

A landlocked lot with no access to a public road has a statutory right of way over surrounding land under the Korean Civil Act Art. 219, and the right-holder must compensate the burdened owner for the resulting damage (Art. 219(2)); land made landlocked by partition or partial transfer may be crossed with no compensation (Art. 220). The passage width is recognized only for the current use — roughly 1m for walking, 3m for vehicles — while building requires the site to touch a road for at least 2m (Building Act Art. 44). Compensation is estimated with the cost method as the passage-strip base value (area times land price) times an expected yield rate (about 2 to 7 percent by use), and the tool compares the 10-year cumulative fee with a one-time buyout. Korea-based 2026 estimate, not legal advice.

Related calculators

What is the Landlocked Land Right of Way & Passage Compensation Calculator?

This calculator helps owners of a landlocked lot (a parcel with no access to a public road) work out the width and area of the passage they need across a neighboring lot, and the compensation (passage fee) they must pay the burdened landowner. It is useful whether you want to build on a landlocked lot, your neighbor has blocked an existing path, or you are deciding between paying an annual passage fee and buying the passage strip outright.

Korea-based estimate. Every result follows the current 2026 Korean Civil Act Article 219 (statutory right of way over surrounding land), Article 220 (partition and partial transfer), and Building Act Article 44 (relationship between a site and a road). It is a planning estimate, not legal advice, and does not replace a lawyer, a court’s rent appraisal, or case-specific review.

Landlocked land and the statutory right of way

A landlocked lot touches no road, so people or vehicles cannot get in or out. A public road is one the general public may freely use; if your land does not reach one, you cannot build and often cannot even enter. To protect landlocked owners, the Civil Act grants a right that exists automatically by law: the right of way over surrounding land.

Civil Act Article 219 — Right of way over surrounding land

Paragraph 1: Where there is no passage between a lot and a public road that the lot needs for its use, the owner may pass over or open a passage across the surrounding land — but must choose the location and method that causes the least damage. Paragraph 2: The person exercising the right must compensate the burdened landowner for the damage.

Two ideas drive everything: the passage must be the minimum needed, and the damage it causes the neighbor must be compensated.

When does the right of way arise?

1. No passage to a public road

Your lot must have no passage to a public road that its use requires. If an adequate passage already exists, the right is not granted.

2. No exit, or excessive cost, without passing

Without crossing the surrounding land you must be unable to reach the public road, or able to do so only at excessive cost. Mere convenience is not enough.

3. Least-damage location and method

If several routes are possible, you must pick the location and method that harms the burdened owner least. This is what keeps the passage width to a minimum.

How is the passage width decided?

As a rule the width is only what the current use of the land needs. Korean Supreme Court precedent holds that a future building plan alone does not justify securing a wider path in advance, so the typical width depends on purpose.

🚶 Walking · about 1m

A minimum path for people. Recognized narrowly for farming access or simple entry.

🏠 House building · 2m

To get a building permit the site must touch a road for at least 2m (Building Act Art. 44 road-access duty).

🚗 Vehicles · 3m or more

A car usually needs 3m or more, and vehicle passage is examined more strictly.

Building Act Article 44 and a caution

Article 44(1) requires a building site to touch a road for at least 2m (the road-access duty). But the right of way does not automatically guarantee that 2m width — precedent judges the width by the current use, so building on a landlocked lot often requires agreement with the neighbor, a separate lawsuit, or buying the strip.

How is the passage fee (compensation) calculated?

Under Article 219(2) the right-holder must compensate the burdened owner’s damage. That damage is normally the rent-equivalent value of the land used as the passage. This calculator uses a simplified cost (jeoksan) method from Korean appraisal practice.

Formula

Passage area = length × width

Base value = area × land price per m²

Annual compensation = base value × expected yield rate (%)

Monthly compensation = annual ÷ 12

Buyout estimate = base value (one-time, at market price)

For example, a 20m × 2m passage is 40m² (about 12 pyeong). At KRW 1,500,000 per m² the base value is KRW 60,000,000. At a 4% expected yield the annual compensation is KRW 2,400,000, or KRW 200,000 per month. In appraisal practice the yield rate is roughly 2–4% for housing and farmland, 3–5% for ordinary building land, and 5–7% for commercial or income property.

Land split by partition or partial transfer: free passage

Civil Act Article 220 — No compensation

If the landlocked lot was created by partitioning one lot or transferring part of it, its owner may cross the other divider’s or transferor’s land with no duty to compensate. Because the parties created the landlocked situation themselves, free passage restores fairness.

This free passage applies only to the land of the direct partition or transfer parties. Whether the burden passes to a later third-party buyer can be disputed case by case, so proceed carefully. When you pick “partition / partial transfer” as the origin, the calculator shows KRW 0 compensation.

Right of way, buyout, or easement — which is better?

① Exercising the right of way (annual fee)

Confirm the right by suit and pay a yearly rent-equivalent fee. Low upfront cost, but fees accumulate and disputes can recur.

② Buying the passage strip (lump sum)

Purchase the strip and own it outright. Higher upfront cost, but no more fees or disputes, and the landlocked status is resolved so the land’s value rises.

③ Registering a passage easement

Agree with the owner and register an easement for stable, clearly-defined access. It needs a contract and registration but is clearer than a bare right of way.

The calculator places the 10-year cumulative fee next to the buyout estimate and computes the break-even years. If the buyout is KRW 60,000,000 and the annual fee is KRW 2,400,000, break-even is about 25 years — so for long-term holding a buyout is often better.

How to use the calculator

Step 1: Choose the origin of the landlocked status

Pick a general landlocked lot (paid) or one created by partition / partial transfer (free). The origin decides whether compensation is owed.

Step 2: Choose the purpose

Selecting walking, building, or vehicles auto-fills a recommended width. For building, the 2m road-access check is shown.

Step 3: Enter size and land price

Enter passage length and width, the land price per m² of the burdened land, and the expected yield rate. Use the posted land price or nearby transaction prices.

Step 4: Review and compare

Check the annual and monthly compensation, the 10-year cumulative fee, the buyout estimate, and break-even. Use the share button to copy a summary for negotiation or consultation.

Frequently asked questions

Q. What fee will my neighbor agree to?

A. In practice the rent-equivalent value of the passage land is the benchmark. The base value × yield here is a starting point for negotiation; the final figure may be set by a court rent appraisal.

Q. Can I build a house on a landlocked lot?

A. Building Act Article 44 requires the site to touch a road for at least 2m. A right of way alone does not guarantee that 2m, so securing a wider passage or buying the strip often comes first.

Q. My neighbor blocked the existing path. What now?

A. You can seek an injunction against obstruction together with a suit confirming the right of way. Estimating the recognized width and compensation here first helps your litigation strategy.

Q. Which yield rate should I enter?

A. Appraisal practice uses about 2–4% for housing and farmland, 3–5% for ordinary building land, and 5–7% for commercial property. Use a lower value to be conservative, a higher one for income-producing land.

Key cautions

  • Current-use standard: the width is recognized only to the extent the current use needs; future plans alone do not widen it.
  • Least-damage rule: where routes exist, choose the location and method that harms the burdened owner least.
  • Estimate only: the compensation is a cost-method estimate; the real figure can change with a court rent appraisal.
  • Buyout premium: the buyout figure is the market-price base value; a seller may demand more in an actual sale.
  • Get advice: location, width, and compensation depend heavily on the specific site — consult a real-estate or civil litigation lawyer.

Check your landlocked-land passage in numbers first

Enter the passage size and land price to compare the passage fee against the buyout right away.

Based on Korea’s Civil Act Articles 219 and 220 and Building Act Article 44, 2026 rules.