Our practical sheets

Our practical sheets


Preemption rights / Servitudes / Local taxes

An easement is a charge, which weighs on a property, and which benefits another property. It is attached to the property and is therefore transferred along with it when the property is sold. It is therefore important that a buyer be informed of the easements that exist on the property he is buying, or that he benefits from on a neighbouring property.

Note: There are also administrative easements, which limit the rights of the owner. They are often restrictive. These are town planning easements, or those benefiting EDF, for example.

An easement can be created voluntarily, by the owner of a property, which will allow a neighbor to pass on his land or to bury pipes. It is useful to record it in writing, drawn up by the notary and published in the real estate file, so that everyone can be aware of it.

The easement can also be created by its use for 30 years: this possibility exists for easements that are said to be continuous and apparent, for example a window that the neighbor creates too close to the dividing line. If nothing is said for 30 years, the neighbor will have obtained an easement of view.

The easement can also be created when a parcel of land is divided into several properties. Thus, if an existing window is not at the regulatory distance after the division of the parcel, it benefits from an easement of view which is called "by destination of the father of the family".

Finally, the easement can be imposed by the judge, when a lot is landlocked. The court will give the owner a right of way, on the shortest or least inconvenient side. The owner who bears the right of way is entitled to compensation.