{"id":64818,"date":"2025-04-01T11:59:30","date_gmt":"2025-04-01T09:59:30","guid":{"rendered":"https:\/\/www.cecile-zakine.fr\/?p=64818"},"modified":"2025-04-01T14:04:58","modified_gmt":"2025-04-01T12:04:58","slug":"15-reponses-sur-les-servitudes-de-passage","status":"publish","type":"post","link":"https:\/\/www.cecile-zakine.fr\/en\/15-reponses-sur-les-servitudes-de-passage\/","title":{"rendered":"15 Questions and Answers on Right of Way"},"content":{"rendered":"

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RIGHTS OF WAY: A COMPLETE QUESTION-AND-ANSWER GUIDE<\/h1>\n

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1: What is a right of way?<\/h2>\n

In short:<\/strong> A right of way is a real right that allows the owner of land to access his property by crossing that of a neighbor.<\/p>\n

In detail:<\/strong> The easement of right of way is governed by Articles 637 et seq. of the Civil Code. Article 637 defines it as "a charge imposed on an inheritance for the use and benefit of an inheritance belonging to another owner." It creates a legal relationship between two properties: the dominant property (which benefits from the right of way) and the servient property (which supports it). This easement may be established by law, by agreement between the owners, or by court decision depending on the circumstances.<\/p>\n

2: In what cases can you legally cross your neighbor's land?<\/h2>\n

In short:<\/strong> Mainly in two situations: when your property is landlocked (without access to the public highway) or by contractual agreement with your neighbor.<\/p>\n

In detail:<\/strong> The two main situations are:<\/p>\n

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  1. The landlocked property<\/strong>\u00a0: According to Article 682 of the Civil Code, the owner of land whose land has no access to the public highway or has an insufficient access route may claim passage over neighboring land. This easement is called "legal" because it applies even without agreement.<\/li>\n
  2. Difficult or expensive access<\/strong>\u00a0: A property that has technically usable access but is difficult to use (steep slope, prohibitive development costs, etc.) may benefit from a "conventional" easement, established with the neighbor's agreement in accordance with Article 686 of the Civil Code. Unlike a legal easement, this cannot be imposed without consent.<\/li>\n<\/ol>\n

    3: How is a right of way established due to an enclave?<\/h2>\n

    \u2013 In brief:<\/strong> The easement is established either by amicable agreement formalized with a notary, or by court decision if no agreement is possible.<\/p>\n

    In detail:<\/strong> Establishment of a right of way<\/a> due to enclave follows several principles:<\/p>\n