Right of passage on the land of another owner (easement of passage)

Verified 11 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Your land is landlocked or difficult to access? The law gives you a right of passage over your neighbor's land. We're telling you what the process is.

Enclosed land

The right of way is automatic when a property is landlocked. This can be the case, for example, if you have to pass through your neighbor's land to access your house, which is not served by public roads.

You then have the right to pass on your neighbor's land.

You and your neighbor can decide together where to go. It is recommended that the following be agreed:

  • Take the shortest route in relation to the public road
  • Go through the least damaging place for your neighbor
  • Pay your neighbor compensation proportionate to the damage caused by the passage (noise or any other damage).

These elements may appear on a private act or by authentic instrument signed with a notary.

Who shall I contact

Please note

if the land is enclosed as a result of the division of a property (following a sale, sharing, etc.), the passage must be located on that property (unless impossible), even if it is the longest route to access the public road.

In the event of a dispute over the use of the crossing, you must call on a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find a solution.

This procedure is mandatory before making a appeal to the court of justice the location of the property.

The judge can decide on the location of the crossing, its mode of exercise (access on foot, by car...) and the amount of compensation to be paid to your neighbor.

In case of disagreement on the compensation to be paid, your neighbor must provide proof of his prejudice.

The right of way ceases if the land is no longer enclosed by, for example, the creation of a road or public road serving the land.

The cessation document must be signed by a notary if you have signed an authentic instrument.

Who shall I contact

Difficult to access land

If your property is not landlocked, but just difficult to access, the agreement of your neighbor is indispensable to obtain a right of passage on his land. We're talking about conventional easement.

You need to get the agreement of your neighbor to get a right of way on his land.

This agreement must be evidenced by a written document.

This document shall specify the following:

  • Location of right of way
  • Exercise mode (access on foot, by car...)
  • The amount of compensation you have to pay to your neighbor. This compensation, the amount of which must be proportional to the damage caused (noise or any other annoyance), is freely fixed between you and your neighbor.

Please note

When your neighbor grants you a right of passage on his land, this right of passage can only be modified with your agreement to all 2.

In case of dispute related to the use of the crossing, you must call on a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find a solution with your neighbor.

If you still cannot reach an agreement with your neighbor, you must make a appeal to the court of justice the location of the property.

The court may be seised to have a right of way established. This is the case where a right of way arising from a mutual agreement has not been used for 30 years. All means of proof are allowed, including the following:

  • Finding of the Commissioner of Justice (former judicial bailiff and auctioneer)
  • Testimony
  • Photos showing the abandonment of the land or on the contrary the use made of it

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

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