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Easements are established to regulate the obligations of different fund owners. The non-aedificandi easement prohibits any construction on an area called the servient land and can be established for the public utility or that of an individual.

The servitude not aedificandi

The servitude not aedificandi

What is servitude not aedificandi?

Non-aedificandi easement refers to a non-constructible area, often a parcel of land.
An easement is a delimitation of the right of property, since one is in the presence of a dominant land, namely the land, and a fund serving, ie the parcel.
This legal provision is intended to prohibit any type of construction likely to be implemented on the ground, overhanging or underground of the easement. Thus, it is impossible to plant some plants, to build a road, to implement a slab, or to undertake the terracing of an embankment on a non-aedificandi area.

An easement non aedificandi can be established by the owner of the fund or be registered under the local urban plan of the municipality (PLU).

Non-aedificandi servitude is governed by case law and each dispute is thus considered on a case by case basis.
Before the purchase of land, it is therefore strongly recommended to check the existence of a servitude not in consultation with the Conservation of mortgages, so as not to risk seeing your construction project fall into the water.

What is the use of servitude non aedificandi?

The establishment of a non-aedificandi easement is often linked to the geographical location of the fund dominant and serving funds.
Thus, a non-aedificandi easement can be established for multiple reasons, such as to preserve a certain tranquility, brightness, or the circulation of air, but also to maintain a clear view, or to prevent the construction of an annex building in a subdivision of houses.

End a non-aedificandi easement

It is important to note that the non-aedificandi easement is attached to the property and not to its owner. Therefore, in the event of resale of the land, the servitude continues to apply.

However, it is possible to terminate a non-aedificandi easement in several ways, namely:

  • by common agreement between the 2 parties owners of the dominant and serving funds;
  • when the land concerned by the easement non aedificandi becomes unusable and impracticable;
  • in the presence of a construction erected on the serving ground and never having been the object of a contestation, the thirty-year prescription puts an end to the servitude not aedificandi after 30 years.

Learn more about non-buildable areas and land.


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