Sometimes property has no access to the public road, or, an existing connection is not suitable. There is more than one way to solve this problem, for example, a way of necessity can serve as a solution. The way of necessity is the institute, which enables the owner to use the land owned by a third party to get adequate access to the public road, but only if certain conditions are fulfilled.
This master's thesis will first present the history of the way of necessity and its development. It will then present the regulation of the way of necessity in Germany. The next chapter will analyse the way of necessity in the Republic of Slovenia. In the final part of the master's thesis, the main characteristics of slovenian and foreign regulation will be presented.