The Content Of The Article:

The right of passage is the right of any owner to pass on the property of the neighbor to be able to return home when he does not have direct access to the public road. This right is subject to regulation to avoid any problem of neighborhood and any abuse on the part of the two parties concerned.

Right of way on land (easement)

Right of way on land (easement)

What is the right of way on a piece of land for?

The right of passage over land is the right of any owner who does not have access to the public road (dominant to pass on the ground of a neighbor (serving funds) to join his property. The right of passage applies to people but also to animals, vehicles and water, electricity, gas and telephone networks (underground or aerial servitude). The right of way most often corresponds to shortest route between the landlocked fund and the public highway. In some cases, the journey is not the shortest but the one that is the least damaging for the owner of the serving fund. When buying a property, inquire before because it may be that a hunting or fishing association has a right of passage hunting and fishing on your property.

The rights of the dominant fund and the paying fund

In the case of an application for right of way, each of the two parties has rights and obligations to respect. The owner of the servient fund can not refuse the right of way but it is possible for him to claim compensation. The amount of these indemnities will be proportional to the damages suffered and will be fixed by an amicable agreement (written agreement) or by judicial recourse when the two parties can not reach an agreement.
In this case, it is the judge who will determine the amount of compensation. They may be paid at one time or will be paid periodically. The owner of the Serving Fund will also have commit to developing a passage adapted to the needs of the dominant fund. If the passage is used only by the dominant fund, it is his responsibility to maintain it. If it is used by both parties, the interview is their responsibility.

Validity period of a right of way

According to the law, the right of way has a life of 30 years. After this period, the fund serves the possibility of questioning it if the dominant fund no longer uses it. Be aware that if the dominant fund has access to the public road afterwards, it can no longer demand a right of way and the servient fund is freed from any obligation. On some occasions, it is possible to claim a temporary right of way on a neighboring property to be able to work at home for example. In this case, we speak of servitude of the ladder tower.


Video Instruction: Easement or Right of Way in Real Property