A shortcut pathway that has been used for decades is being fenced off requireing many old people to walk a mile out of the way to get on the mrtm
I know in usa, if a pathway has a history of use it cant be blocked.
Of coursebthis is taiwan were nothing makes snsem
Anyone knowbthe law?
[quote=“mrhotdice”]A shortcut pathway that has been used for decades is being fenced off requiring many old people to walk a mile out of the way to get on the MRT.
Anyone know the law?[/quote]
I’m sorry, but I don’t know Chinese and I don’t know Taiwan law well enough to give you a good, confident answer.
I think the issue may involve one or both of these articles of the Republic of China Civil Code (but I could be completely wrong):
Article 852, which says in one translation, “Servitudes cannot be acquired by prescription except those which are continuous and apparent”; or
Article 787, which says in one translation, in pertinent part, “If, in the absence of suitable access to the public road, a piece of land is not fit for ordinary use, the landowner is entitled to pass through the surrounding land in order to reach the public road, provided that compensation shall be made for any injury caused thereby to the land passed through.”
I got those translations from this Wikisource webpage.
I want to emphasize, though, that I’m not at all sure of any of this, and I would hate for you to be misled by anything I might write in ignorance. I hope someone who knows more can help you.
Building companies do occasionally appropriate land next to their buildings if they think nobody will notice or complain. Go to the land registration office and ask them for documentation. It may be a public right-of-way. Normally you would need the title number to do this, but if you ask nicely and have northings and eastings (borrow a GPS) there will be someone who can drill down into their GIS system and find the title number for you. They’ll print out a little map showing land boundaries and you pay a nominal fee (~20NT, IIRC) to get the full details for any that you’re interested in. If the land turns out to have a private owner, you might be able to negotiate right-of-way for a fee.