Who must maintain a right of way easement?
When you own a property burdened by or benefiting from a right of way, the question of maintaining this access quickly arises. A poorly maintained easement can become impassable and a source of conflict between neighbors. This article provides a clear and precise answer to the crucial question: who bears the financial and material responsibility for maintaining a right of way?
The general principle: the maintenance obligation of the owner of the dominant tenement
In French law, the fundamental principle is set out in Article 698 of the Civil Code. It provides that the owner of the dominant tenement (the one benefiting from the easement, i.e., who has the right to pass) must bear the costs necessary for the use and maintenance of the easement. This means that it is up to them, in principle, to maintain the path or access so that it remains usable.
However, this rule is not absolute and has important nuances. Maintenance should not be confused with major repairs or structural work, which follow a different logic.
Distinction between routine maintenance and major repairs
Routine maintenance: the responsibility of the beneficiary
Routine maintenance includes all actions necessary to keep the passage in a condition to be used in accordance with its purpose. This includes, for example:
- Clearing and cutting tall grass
- Removing snow or dead leaves
- Repairing superficial potholes
- Clean the rainwater drainage ditch
These tasks, often light and regular, fall to the owner of the dominant tenement, unless otherwise agreed between the parties.
Major repairs: a matter of title and property
Major repairs (soil consolidation, complete resurfacing, installation of heavy drainage system) are more complex. The rule is that the owner of the servient estate (the one who suffers the easement, on whose land the passage is located) is not required to carry them out. He must do nothing that aggravates the situation of the dominant estate.
In practice, if the constitutive deed of the easement (notarial deed) does not specify anything, case law often considers that major repairs are the responsibility of the dominant estate owner, as he is the main user and beneficiary of the structure. However, if the passage is also used by the servient estate owner (for example, to access another part of his property), the costs may be shared in proportion to use.
The crucial role of the easement deed
The most reliable answer to the question "who must maintain?" is found in the deed that created the easement. The notarial deed or judgment may include specific clauses:
- A 50/50 split of maintenance costs
- Full coverage by the servient estate
- An obligation for the servient estate to carry out certain specific works
It is therefore imperative to consult your deed of ownership or the easement deed before incurring any expense or refusing to participate in maintenance.
What to do in case of disagreement or absence of title?
If the title is silent or the parties cannot reach an agreement, several solutions exist:
- Amicable negotiation: It is always preferable to find a written agreement between neighbors to define maintenance arrangements.
- Mediation: A professional mediator can help find a fair solution.
- Referring the matter to court: As a last resort, the judicial court may be seized to settle the dispute. The judge will then apply the general principles of easement law.
Conclusion: do not let a maintenance conflict settle in
Maintenance of a right of way is a practical issue that can quickly become a source of tension. Whether you are the owner of the dominant estate or the servient estate, it is essential to know your rights and obligations to avoid unnecessary costs or a blockage of your access. Since each situation is unique, particularly depending on the clauses of your property title, it is highly recommended to consult a legal professional.
For a personalized analysis of your situation and to secure your rights, do not hesitate to make an appointment with a avocat expert in real estate and land law. Maître Cécile Zakine supports you in resolving your neighborhood disputes and helps you understand the subtleties of right-of-way easements.
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📅 Mis à jour le 06/08/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.
