There are limits to the right to work on a parking easement

A couple has the use of a parking space on the property next door and wants to have work done there. According to him, the rain creates mud and even a pond of water there. Also, he wants to settle a drainage, a flooring and put gravel on it.

The owner of the land under easement is opposed to this project.

When seised, the Court of Appeal authorizes the contentious layout it deems necessary to allow access to vehicles in rainy weather.

The law obliges the owner to grant everything necessary for the exercise of the servitude. It entitles its beneficiary to carry out the works necessary to use and preserve it.

The Court of Cassation quashed the decision for lack of legal basis. The necessity of the works to allow the exercise of the easement has not been established.

Thus, the planned works, considered comfortable, cannot be imposed on the owner of the premises.