Easements: rights and burdens between neighbours
A right of way, a neighbour's window, a pipe crossing the plot: easements (servitudes) are burdens imposed on one property for the benefit of another. Governed by Articles 637 et seq. of the French Civil Code, they pass with the property and can weigh heavily on both its value and its use. This guide explains how they arise, how they are exercised, how to check for them before buying, and how they come to an end.
All questions
An easement (servitude) is a burden imposed on one property, the servient land, for the benefit of another property, the dominant land, belonging to a different owner (Article 637 of the French Civil Code). Attached to the land and not to the persons, it passes with the plots. It may be statutory, contractual or created by destination du père de famille.
The owner of landlocked land, with no sufficient access to the public road, may demand a passage over the neighbouring plots in return for compensation proportionate to the damage caused (Article 682 of the French Civil Code). The passage is taken on the side of the shortest route, at the least damaging spot, and ends if the land ceases to be landlocked.
To open a direct view over the neighbouring property, at least 1.90 m must separate the opening from the boundary line; 0.60 m is enough for an oblique view (Articles 678 and 679 of the French Civil Code). Light-only openings (jours de souffrance), with iron mesh and fixed glazing, remain possible with no distance requirement.
Only easements that are both continuous and apparent, such as a view or a visible aqueduct, can be acquired by thirty years of possession (Article 690 of the French Civil Code). Discontinuous easements, including the right of way, can never be acquired by prescription, even after very long use (Article 691).
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.
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.
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