How do you check for easements before buying a property in France?
Before buying, check for easements in the preliminary contract and in the title deed, request a statement of registered entries from the French land registry, question the seller in writing and consult the annexes of the local urban plan for public-utility easements. The notaire must flag any easement revealed by the title deeds.
Read the preliminary contract and trace the chain of title
The preliminary contract (compromis or promesse de vente), then the final deed, normally contain a paragraph devoted to easements: those the seller declares, those appearing in his own title deed and those the notaire has found in the chain of title. Read that paragraph carefully and ask for a copy of the seller's title deed, and if possible of the earlier deeds: a contractual easement created several decades ago still burdens the property.
The stakes are real: if the property sold turns out to be burdened with non-apparent easements that were not declared and that are so significant that the buyer would not have bought had he known of them, the buyer may seek cancellation of the sale or compensation (Article 1638 of the French Civil Code).
Query the land registry and the planning documents
Contractual easements created by deed must be registered with the French land registry (service de la publicité foncière) to be enforceable against third parties: absent registration, they are in principle unenforceable against a buyer who was unaware of them (Decree No. 55-22 of 4 January 1955, Articles 28 and 30). Anyone may ask that service for a statement of the formalities registered against the property, which reveals the registered easements. Beware: statutory and natural easements, such as the right of way for landlocked land or water run-off, apply without registration.
Public-utility easements, of administrative origin (risk prevention plans, public power lines or pipelines, protection of historic monuments), appear in the annexes of the local urban plan (plan local d'urbanisme) and can be consulted at the town hall or on the Géoportail de l'urbanisme. A planning information certificate (certificat d'urbanisme) lists them for the plot concerned.
Question the seller and rely on the notaire
Ask the seller precise questions, preferably in writing: does a neighbour cross the land, on what basis, are there pipes running through the plot, agreements with the neighbouring plots, past or pending disputes? A careful visit completes the enquiry: a worn path, a small gate on the boundary, inspection chambers, windows close to the fence are all clues to apparent easements.
The notaire, who owes a duty to advise, must check the chain of title and inform the buyer of the easements revealed by the deeds and by the documents he is required to consult. If he overlooks an easement that appeared from those materials, his professional liability may be engaged. The notaire cannot, however, detect a hidden easement that appears in no document: hence the importance of questioning the seller directly and of the warranty under Article 1638.
Step by step
- 1Comb through the preliminary agreement and the seller's title
Find the paragraph dealing with easements in the preliminary agreement, and ask for a copy of the seller's title deed and, if possible, of the earlier titles.
- 2Request a land registry statement
Ask the land registry for a statement of the formalities registered against the plot: it reveals the easements created by agreement, which bind successive buyers.
- 3Consult the annexes to the local plan
Check at the town hall or on the national planning portal which public-interest easements burden the plot, or request an information planning certificate.
- 4Question the seller in writing
Have the seller confirm in writing what rights of way third parties exercise, what pipes cross the land, what informal arrangements exist with neighbours, and whether there is any dispute.
- 5Review the position with the notaire before signing
Ask the notaire for a summary of the easements found and what they mean in practice for your plans (building, extending, fencing) before the preliminary agreement.
Frequently asked questions
Is an unregistered easement enforceable against the buyer?
A contractual easement not registered with the French land registry is in principle unenforceable against the buyer, unless he knew of it or it is recalled in his deed (Decree No. 55-22 of 4 January 1955, Article 30). Statutory and natural easements, by contrast, apply without registration.
What can I do if I discover an easement after the purchase?
If the easement is non-apparent, undeclared and so significant that you would not have bought had you known of it, Article 1638 of the French Civil Code lets you seek cancellation of the sale or compensation. The notaire's liability may also be pursued if the easement appeared from the title deeds.
How can I find the public-utility easements affecting a plot?
They appear in the annexes of the local urban plan, which can be consulted at the town hall and on the Géoportail de l'urbanisme. A planning information certificate (certificat d'urbanisme), issued free of charge by the town hall, lists the public-utility easements applicable to the plot.
Does an easement lower the price of a property?
It can weigh on the value where the burden is significant: a path crossing the garden, a no-building restriction, a pipe limiting where an extension can go. The impact depends on the nature of the easement and the layout of the property, and is assessed case by case at valuation stage.
Read next
- Code civil, article 1638 (Légifrance)
- Décret n° 55-22 du 4 janvier 1955 portant réforme de la publicité foncière, articles 28 et 30 (Légifrance)
- Service-Public.fr : Certificat d'urbanisme
- Géoportail de l'urbanisme (servitudes d'utilité publique)
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