Right of passage on the land of another owner (easement of passage)
Verified 14 September 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The law recognizes the owner of a landlocked land a right of way over neighboring land. If your property is not landlocked, but just difficult to access, the agreement of the neighbor is indispensable to obtain a right of passage on his 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 the neighbor's land to access your house, which is not served by public roads.
The landlocked land owner (the dominant fund) then has the right to pass over its neighbor's land (the servicing fund).
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 harmful place for the owner of the servicing land
- Pay the neighbor compensation commensurate with 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
If you cannot reach agreement with your neighbor on these items, you can to appeal to the court.
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.
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
In the event of a dispute over the use of the crossing, appeal to the court of first instance.
The judge then decides on the location of the crossing, its mode of exercise (access on foot, by car...) and the amount of compensation to be paid to the owner of the crossing servicing fund.
In the event of disagreement on the compensation to be paid, the owner of the fund used shall be responsible for proving the damage caused.
Difficult to access
If your property is not landlocked, but just difficult to access, the agreement of the neighbor is indispensable to obtain a right of passage on his land. We're talking about conventional easement. In the absence of an amicable agreement or in the event of a conflict over the use of the crossing, a remedy must be sought from the court.
You have to get the agreement of the landowner to get a right of way on your 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...)
- Amount of compensation that the owner of the dominant fund must pay to the owner of the servicing fund
This compensation, the amount of which must be proportional to the damage caused (noise or any other annoyance), is freely fixed by the 2 owners.
In the event of a dispute relating to the use of the crossing, a appeal to the court.
where it is recognized by mutual agreement, the right of way may be modified only by mutual agreement.
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)
- Photos showing the abandonment of the land or on the contrary the use made of it
Without an amicable agreement between the owners, you have to appeal to the court to find that the right of way has ended.
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