The law allows you to claim a right of way from your neighbor

When a property is landlocked, the right of way is authorized. An owner may have no choice but to pass through his neighbor’s land to access his own.

Justice ruled in favor of a landlocked owner in a judgment delivered on December 7, 2022. His home being not accessible by car, the Court of Cassation ruled that he could request a right of easement from his neighbor.

What right of passage for landlocked residents?

Usually, a neighbor is not allowed to cross your property. However, certain exceptions exist in France. This is particularly the case if one of your neighbors has a right of way over your land. Indeed, the owner of isolated land has the right, without authorization from his neighbor, to pass onto his land. He is authorized to do so if he does not have any access to the public highway to reach his home.

Article 682 of the Civil Code recognizes this servitude. “ The owner whose land is landlocked and who has no exit from the public highway, or only an insufficient exit, either for the agricultural, industrial or commercial exploitation of his property, or for carrying out construction operations or subdivision, is entitled to claim from its neighbors’ funds sufficient passage to ensure complete access to its funds, subject to compensation proportionate to the damage it may cause. »

Party wall : what does the law say in the event of disputes with neighbors?

Neighbors prohibiting access

But in a recent neighborhood affair, neighbors refuse these landlocked residents to pass through their land except on foot. Neighbors argue that it was always on foot that residents reached their homes. In addition, they indicated that it was enough to park in the street near the house. Finally, the passage being narrow, these neighbors did not want to hinder the circulation of emergency vehicles.

The Court of Cassation finally ruled in favor of the residents wishing to obtain an easement. According to the high court, “ access by motor vehicle corresponds to the normal use of a fund intended for housing “. These residents are therefore within their rights to demand access by car to their house, even if the street is close.

Contact a notary

In addition, the judicial court can be seized when a neighbor is recalcitrant to the right of servitude. It should be noted that these uses are normally specified during the sale of the property by the notary. By mutual agreement, neighbors can decide which passage exactly will be. This is generally the shortest route so as not to disturb the impacted neighbor.

It is also possible to offer compensation to the neighbor for the nuisance caused such as noise or even overlooking. In this case, the two neighbors can go to the notary to clarify all these elements. In order to avoid any disagreement, it is preferable to contact a notary who can draw up a notarial deed. Note that in the case of land that is difficult to access but not landlocked, it is necessary to obtain approval from the neighbor for the right of way.