Chapter on the Rulings of Neighborliness and Right of Way

The jurists have addressed the rules that govern relations between neighbors and the use of roadways because of the great importance of this subject.

Disputes may arise between neighbors that must be resolved so that they do not lead to conflict and enmity, and they can be settled in several ways:

One method is to reconcile them in a manner that realizes justice and brings about benefit.

Thus, if a neighbor needs to channel water across his neighbor’s land or roof and the two parties agree—against payment—to allow it, that settlement is permissible because the need calls for it. If the payment is merely for the right of use while ownership of the land or roof remains with its proprietor, the contract is deemed a license; but if ownership itself is transferred, it is deemed a sale.

Similarly, if one needs a passage through his neighbor’s property and the neighbor grants it to him, whether by way of sale or by way of settlement, that too is permissible, for the need justifies it,