How does an easement end, and how can it be challenged?
An easement ends when using it becomes impossible for good (Article 703 of the French Civil Code), when both plots come into the same hands (Article 705), after thirty years of non-use (Article 706) or upon waiver by the dominant land. Challenges are heard by the judicial court of the place where the property is located.
The grounds of extinction under the French Civil Code
Perpetual in principle, an easement is not beyond extinction. The French Civil Code organises three main grounds, to which are added waiver by the owner of the dominant land and the expiry of a term where the deed creating the easement provided for one.
In summary: impossibility of use, where the premises are in such a state that the easement can no longer be exercised, the easement reviving if things are restored before prescription has run (Articles 703 and 704); merger, where the dominant and servient plots come into the same hands (Article 705); thirty years of non-use (Articles 706 and 707); and waiver or agreement, where the dominant land gives up its right, generally by a notarial deed registered with the land registry (freedom of contract, Article 1102 of the French Civil Code).
| Ground | Mechanism | Legal basis |
|---|---|---|
| Impossibility of use | The site is in such a state that the easement can no longer be exercised; it revives if things are restored before the period runs out | Articles 703 and 704 |
| Merger | The dominant and the servient land come into the same hands | Article 705 |
| Thirty years without use | The easement has not been exercised for thirty years | Articles 706 and 707 |
| Release or agreement | The dominant landowner gives up the right, generally by a registered notarial deed | Freedom of contract (Article 1102 of the Civil Code) |
Grounds on which an easement comes to an end (Civil Code)
Thirty years of non-use in practice
An easement is extinguished by non-use for thirty years (Article 706 of the French Civil Code). The starting point of the period depends on the nature of the easement: for discontinuous easements, such as a right of way, it runs from the day use ceased; for continuous easements, such as a view, from the day an act contrary to the easement was carried out, for instance blocking up the opening (Article 707).
The burden of proving non-use lies on the owner of the servient land who relies on the extinction. The period is fragile: any act of use, even partial, interrupts it, and the manner of exercising the easement may be lost by prescription just like the easement itself (Article 708). Finally, where the dominant land is held in undivided shares, enjoyment by a single co-owner prevents prescription as against all (Article 709), and a co-owner against whom prescription could not run, such as a minor, preserves the right of all the others (Article 710).
Challenging an easement: from amicable settlement to the judicial court
The amicable route is the simplest: the owner of the dominant land may waive the easement, for free or in return for compensation, by a notarial deed registered with the French land registry so as to clear the title once and for all. Such a negotiated waiver is common where the easement blocks a building project.
Failing agreement, the dispute is heard by the judicial court (tribunal judiciaire) of the place where the property is located, which has exclusive jurisdiction over real rights in land (Article 44 of the French Code of Civil Procedure). The owner of the servient land may challenge the very existence of the right (absence of a title for a discontinuous easement, Article 691), rely on a ground of extinction (Articles 703 to 710) or complain of excessive use: the holder of an easement may only use it in accordance with his title, without worsening the condition of the servient land (Article 702). The dominant land symmetrically has an action to have its obstructed easement recognised and restored.
Frequently asked questions
Is mere non-use enough to extinguish an easement?
Yes, after thirty years (Article 706 of the French Civil Code), but the burden of proof lies on the owner of the servient land and the starting point depends on the nature of the easement: the last act of use for a discontinuous easement, an act contrary to the easement for a continuous one (Article 707).
Can you buy out an easement that blocks a project?
Yes, by agreement: the owner of the dominant land may waive his right in return for freely negotiated compensation. The waiver is recorded in a notarial deed and registered with the French land registry so as to be enforceable against successive buyers.
What happens to the easement if I buy the neighbouring plot?
It is extinguished by merger as soon as the dominant and servient plots belong to the same owner (Article 705 of the French Civil Code). If the plots are later sold separately, an easement could however arise again by destination du père de famille if a visible sign of an arrangement remains (Article 694).
Which court hears a challenge to an easement?
The judicial court (tribunal judiciaire) of the place where the property is located, which has exclusive jurisdiction over real rights in land (Article 44 of the French Code of Civil Procedure). Attempting an amicable resolution first is recommended, and registering the decision or agreement with the French land registry secures the situation.
Read next
- Code civil, articles 703 à 710 (Légifrance)
- Code civil, articles 691 et 702 (Légifrance)
- Code de procédure civile, article 44 (Légifrance)
A question about your plans?
Realistic price, order of the steps, agency fees on a sale. Book a video call with a BRIVEO adviser, free and with no commitment.
Talk to a property adviser