It is an important but rarely discussed issue whether the gratuitous right of way, which based on Civil Code section 789, has binding force for the succeeded parties. By analyzing domestic views, it is found that affirmative opinions are predominant. However, in Japan, which has the same provision, various compromise suggestions had been presented. Considering the reasonableness of those suggestions, the balance with other mechanisms concerning neighboring land and the characteristic of material burden, the gratuitous right of way will be lapsed, if it has not been openly, notoriously revealed. Yet while re-judging the right of way for the surrounded land, particularly the necessity to pass through former surrounding land still is important to consider the details between original parties.