Rights of Way in France

2. Landlocked Property - Le droit de désenclavement

Where a property has no means of access to the public highway, or the access provided is inadequate, the owner can invoke le droit de désenclavement, under which a neighbour is obliged to grant a right of way.

French law addresses this situation through the droit de désenclavement: the right of an owner of landlocked property to obtain a right of way over neighbouring land. In legal terms, this is commonly described as a servitude de passage.

Under Article 682 of the French Civil Code, the owner of land that has no adequate access to a public road may require a route across neighbouring property in return for compensation. The access must be necessary for the normal use of the land, rather than merely more convenient or more commercially attractive.

The rule can apply to existing homes, land intended for development, agricultural land and business premises. It is often raised where a plot is being developed or where a change in use requires more practical access, for example for construction vehicles, agricultural machinery, deliveries or customers.

Whether existing access is “insufficient” depends on the circumstances. A narrow footpath may be adequate for a small rural plot but inadequate for a residential home, farm or commercial operation. The assessment takes account of the property’s intended and lawful use, the physical characteristics of the route and the practical needs of access.

In the case of a new construction it is important that the person seeking access is not themselves author of the landlocked property.

Accordingly, if someone decides to build or convert a building for residential use on landlocked land, they only have themselves to blame if a neighbour refuses access through their land!

A right of way is not automatically available where the owner, or a predecessor in title, created the landlocked situation.

This is particularly important when a property has become landlocked because of a sale, division, exchange or partition of land that was previously under common ownership. In those cases, Article 684 of the French Civil Code may apply. The right of way must normally be sought over the land involved in that division, rather than over the property of an unrelated neighbour.

Normally, where access is sought then the shortest possible route should be taken, except where another route would cause less nuisance or damage to neighbouring property.

Formally, the process must be commenced by a written request to the adjoining landowner for a right of access.

If agreement is reached, then it should be signed via a notaire and placed on the land registry.

The use of a land surveyor (géomètre-expert) is normally required to provide a detailed plan to be annexed to the agreement.

If agreement cannot be reached then the matter would need to be considered by a tribunal judiciaire where the appointment of an avocat would be necessary.

A right of way created because a property was landlocked is not necessarily permanent. If the property later obtains adequate direct access to a public road, the owner of the land crossed by the route may apply for the right of way to be extinguished.

Next: Right of Access for Property Maintenance

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