{"id":64883,"date":"2025-04-27T23:36:30","date_gmt":"2025-04-27T21:36:30","guid":{"rendered":"https:\/\/www.cecile-zakine.fr\/?page_id=64883"},"modified":"2025-06-25T16:43:43","modified_gmt":"2025-06-25T14:43:43","slug":"comment-mettre-fin-a-une-servitude-de-passage","status":"publish","type":"page","link":"https:\/\/www.cecile-zakine.fr\/en\/comment-mettre-fin-a-une-servitude-de-passage\/","title":{"rendered":"How to End a Right of Way? Complete Guide 2025"},"content":{"rendered":"

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How to End a Right of Way When the Landlock Has Disappeared? Complete Guide 2025<\/h1>\n

A right of way is a right governed by the Civil Code that allows the owner of landlocked land to access the public highway by passing through a neighboring property. But what should be done when the conditions of landlocked land have disappeared? Has direct access to the public highway been created? This legal guide details the legal steps to terminate a right of way that has become unnecessary, with references to legal texts and recent case law.<\/strong><\/p>\n

What is a right of way and when can it legally end?<\/h2>\n

Legal definition and legal basis<\/h3>\n

The right of way is defined by article 682 of the Civil Code which specifies: "The owner whose land is landlocked and who has no exit from the public highway, or an insufficient exit for the agricultural, industrial or commercial exploitation of his property, is entitled to claim from his neighbors' land a sufficient passage to ensure full access to his land."<\/em><\/p>\n

This easement constitutes what lawyers call a "real charge," meaning that it is attached to the land and not to the person of the owner. Article 637 of the Civil Code states in this regard: "A servitude is a charge imposed on an estate for the use and benefit of an estate belonging to another owner."<\/em><\/p>\n

Termination of servitude: applicable texts<\/h3>\n

Article 685-1 of the Civil Code is particularly explicit concerning the extinction of this easement: "In the event of cessation of the enclave, the owner of the dominant land can no longer exercise the easement. The owner of the servient land may at any time request the judicial removal of the right of way when it ceases to be necessary."<\/em><\/p>\n

This text, resulting from law n\u00b0 67-1253 of December 30, 1967, clearly establishes that the owner of the land crossed (servient land) has a right of action to terminate the easement as soon as the enclave no longer exists.<\/p>\n

Fundamental distinction: legal easement vs. conventional easement<\/h3>\n

The case law of the Court of Cassation (Cass. 3rd civ., October 16, 2013, no. 12-21.889) constantly recalls this essential distinction which directly impacts the terms of extinction.<\/p>\n

How to verify the actual disappearance of the enclave? Legal and jurisprudential criteria<\/h2>\n

To terminate a right of way, the preliminary step is to rigorously demonstrate that the enclave has actually disappeared. This verification is based on precise criteria established by case law.<\/p>\n

The 5 legal criteria to assess<\/h3>\n
    \n
  1. Existence of direct access to the public highway<\/strong> The first thing to check is whether your neighbor now has direct access to a public road or path. Article 682 of the Civil Code specifies that this is access to "the public highway" and not to a shared private road.<\/li>\n
  2. Sufficiency of access<\/strong> : According to the case law of the Court of Cassation (Cass. 3rd civ., February 19, 2014, no. 13-12.107), access must be \u201csufficient to ensure full service to the land for its normal use\u201d. A more recent ruling (Cass. 3rd civ., July 11, 2019, no. 18-17.569) specifies that this concept is assessed \u201caccording to the purpose of the land and the current needs of its operation\u201d.<\/li>\n
  3. Permanence and stability of access<\/strong> : Temporary, seasonal or precarious access is not sufficient to terminate the easement. The Court of Cassation requires \u201cpermanent and stable access\u201d (Cass. 3rd civ., January 24, 2018, no. 16-26.084).<\/li>\n
  4. Actual practicability<\/strong> : The Court of Cassation specified in a fundamental judgment of December 16, 2009 (no. 08-22.035) that access must be "practicable without danger or excessive constraint." This criterion is assessed based on the characteristics of the land and its normal use.<\/li>\n
  5. Evidence of the situation<\/strong> : Article 9 of the Code of Civil Procedure provides that:"It is up to each party to prove in accordance with the law the facts necessary for the success of its claim"<\/em>To do this, gather:\n
      \n
    • Bailiff's report (article 1 of order no. 45-2592 of November 2, 1945)<\/li>\n
    • Certified cadastral plans<\/li>\n
    • Dated and geolocated photographs<\/li>\n
    • Private expert reports if necessary<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n

      This preliminary step is legally decisive, particularly in rural areas such as the Dordogne, Gers, Landes or more broadly the Aquitaine Basin, where land configurations can be complex and where agricultural use requires access adapted to modern equipment.<\/p>\n

      Determine the legal origin of the easement<\/h2>\n

      There are two main types of easements of way, the termination of which is subject to different rules:<\/p>\n

      1. The legal easement of enclavement<\/h3>\n

      Established by Articles 682 to 685-1 of the Civil Code, this easement arises automatically from the situation of landlockedness. According to the aforementioned Article 685-1, it disappears as soon as the landlockedness ceases.<\/p>\n

      The constant case law of the Court of Cassation confirms this principle: \u201cThe legal right of way due to landlockedness is extinguished when the landlockedness of the dominant land ceases.\u201d<\/em> (Cass. 3rd civ., January 30, 2002, no. 00-15.633).<\/p>\n

      2. Conventional servitude<\/h3>\n

      Governed by Articles 686 to 689 of the Civil Code, this easement results from an agreement between owners. Article 686 specifies: "Owners are permitted to establish on their properties such easements as they see fit, provided that the services established are not imposed on the person, nor in favor of the person, but only on a fund and for a fund."<\/em><\/p>\n

      To remove a conventional easement, you will need to consult the property titles and notarial deeds to understand its termination terms.<\/p>\n

      The amicable approach: first legally obligatory step since the 2019 reform<\/h2>\n

      The legal obligation of prior amicable attempt<\/h3>\n

      Since January 1, 2020, Article 750-1 of the Code of Civil Procedure (introduced by Decree No. 2019-1333 of December 11, 2019) requires, under penalty of inadmissibility, an attempt at amicable resolution prior to any referral to the judicial court when the claim does not exceed 5,000 euros or when it relates to a neighborhood dispute.<\/p>\n

      The Constitutional Council also validated this principle in its decision no. 2019-778 DC of March 21, 2019, considering that "the legislator intended to promote the use of alternative dispute resolution methods"<\/em>.<\/p>\n

      Legal protocol for an effective amicable resolution<\/h3>\n

      The amicable approach must follow a rigorous process to produce legal effects:<\/p>\n

        \n
      1. Initiate a formalized dialogue<\/strong> : Article 56 of the Code of Civil Procedure recommends sending a formal notice by registered letter with acknowledgment of receipt clearly setting out the facts and the request for removal of the easement.<\/li>\n
      2. Propose a contradictory finding<\/strong> : In accordance with Article 1 of Law No. 2016-1547 of November 18, 2016 on the modernization of justice, propose a joint visit of the premises with a neutral third party (mediator, justice conciliator, notary).<\/li>\n
      3. Establish a transactional agreement protocol<\/strong> : In application of article 2044 of the Civil Code which defines the transaction as "a contract by which the parties, through mutual concessions, end a dispute that has arisen, or prevent a dispute from arising"<\/em>.<\/li>\n
      4. Have the agreement authenticated<\/strong> : Article 1369 of the Civil Code gives the notarial act a particular probative force by specifying that it "is valid until proven false of the deed and the facts that the notary has personally noted"<\/em>.<\/li>\n
      5. Publish the act<\/strong> : The land registry service, in accordance with article 28 of decree no. 55-22 of January 4, 1955, will make this extinction enforceable against third parties, in particular future purchasers.<\/li>\n<\/ol>\n

        This amicable approach is particularly recommended in rural areas such as the Dordogne, Gers or Landes, where neighbourly relations are long-term and where legal pragmatism avoids costly and time-consuming procedures before courts often far from small towns.<\/p>\n

        Legal recourse: procedure and litigation strategy<\/h2>\n

        Prerequisites for bringing the matter before the court<\/h3>\n

        If the amicable attempt fails, article 685-1 of the Civil Code authorizes you to request the judicial removal of the easement: "The owner of the servient tenement may at any time request the judicial removal of the right of way when it ceases to be necessary."<\/em><\/p>\n

        Before any referral, you must be able to justify the prior attempt at an amicable settlement in accordance with Article 750-1 of the Code of Civil Procedure. According to the decision of the Court of Cassation of March 11, 2021 (no. 20-13.307), this justification may take the form of a \u201cregistered letter remaining unanswered or a report of non-conciliation\u201d<\/em>.<\/p>\n

        Detailed litigation procedure<\/h3>\n

        The legal procedure is structured around several stages precisely defined by the Code of Civil Procedure:<\/p>\n

          \n
        1. Referral to the judicial court<\/strong> territorially competent (Article R211-3 of the Code of Judicial Organization). The summons must be issued by a bailiff and contain, under penalty of nullity, the information prescribed by Article 56 of the Code of Civil Procedure.<\/li>\n
        2. Creation of a probationary file<\/strong> including:\n