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If your land is landlocked, it is sometimes impossible to access a public road. Going through your neighbour’s fund may therefore be necessary. How do I get a right of way ? What are the steps to follow to obtain this right?
Your rights:
The owner whose land is landlocked and who therefore has no access or insufficient access to the public road can claim a right of way from his neighbour. This right of way is carried out in exchange for compensation, the amount of which is proportional to the damage caused to the neighboring land. The right of way includes access on the ground but also in the basement (pipes, etc.). The right of way ceases as soon as the land is no longer landlocked due, for example, to the creation of a road or a public path serving this land.
Amicable solution:
The owner of landlocked land must first try to find an amicable solution with his neighbor and sign a conventional right of way with him. The two parties must agree on the exact route of the passage using a plan. It is also necessary to agree on the possible compensation that the beneficiary of the right of way will have to pay to the owner of the neighboring land and also the amount of his contribution to the maintenance costs. In the absence of an agreement, the owner who wishes to obtain a right of way will have to seize the judge.
Refer to the judge:
If no amicable agreement has been found with the neighbor, the landlocked landowner must refer the matter to the high court of the location of the disputed land. The judge can appoint a legal expert to check whether the land is really landlocked or not and will then determine the route of the right of way. It should be noted that the law sets certain criteria for exercising the right of way: the passage must be taken on the side where the route is the shortest between the landlocked land and the public road, and at the place where this right of passage is the least damaging to the person for whom the servitude is exercised. It is generally necessary to wait a year before having the judge’s decision.
What can you get in court?
The owner of landlocked land who wins the case before the judge will be granted a right of way over his neighbour’s land and may therefore impose its use on his neighbour. If proof has been provided that this easement causes damage (noise and other annoyances), the judge sets compensation paid by the owner of the landlocked land. This amount is determined according to the damage caused and not the market value of the land. The owner of landlocked land must also bear the cost of maintaining this easement.
DAMY Law Firm, Nice, Update 2022
