Rights of Way: Property Owners’ Rights and Obligations

A right of way is a charge imposed on one property (the servient land) for the benefit of another property (the dominant land). In the Alpes-Maritimes and Var departments, rights of way are very common due to the terrain’s relief and historic land subdivisions.

Types of Rights of Way

• Contractual right of way: Established by notarial deed (sale, gift)
• Legal right of way: Provided for by law (access for landlocked property, water drainage)
• Right of way by destination of the former owner: Existing before the property was divided
• Right of way by prescription: Acquired through continuous use over 30 years

Rights of the Servient Landowner

• They cannot prohibit the right of way
• They can request compensation proportional to the inconvenience suffered
• They can have abuses (parking, excessive speed) officially recorded by a bailiff or expert
• They can request that the right of way be relocated if it is too restrictive

Rights of the Dominant Landowner

• Right of way on foot and by vehicle (as specified in the title)
• Obligation to maintain the right-of-way path
• No right to extend its use without agreement

Our Services

Cassini Expertise carries out topographic surveys, cadastral analysis, and drafts expert reports for right-of-way disputes.

How to Prove the Existence of an Unwritten Right of Way?

When the title deed makes no mention of a right of way but a passage has been used for decades, several elements can establish its existence: witness statements, invoices for maintaining the path, old aerial photographs (IGN), or deeds predating the division of the original parcel (right of way by destination of the former owner). An expert can reconstruct this documentary history to support a legal action seeking recognition of the right of way.

Water Drainage Easements: A Frequent Source of Disputes

Beyond rights of way, easements relating to rainwater drainage are a recurring source of disputes in the Alpes-Maritimes and Var, particularly on sloped land. Article 640 of the French Civil Code requires the lower property to receive water flowing naturally from the upper property, but prohibits any artificial increase in this flow (drainage works, sealing of surfaces) without compensation.

Modifying or Terminating a Right of Way

A contractual right of way can be modified by agreement between the two owners (notarial deed), or terminated if it is no longer needed (for example, if an alternative access becomes available). The servient landowner can also request that the right of way’s route be relocated if a more suitable route exists and causes no harm to the dominant land (Art. 701 of the French Civil Code).

FAQ

Does a right of way always appear on the land registry (cadastre)? No, the cadastre does not record rights of way: only the title deed and land registration records are authoritative.

Can the dominant landowner widen the passage? Not without the servient landowner’s agreement: the use must remain consistent with what the title provides for, or failing that, with long-established use.

Cassini Expertise — Right-of-way expert assessments in the Alpes-Maritimes (06) & Var (83). Request an assessment →

📅 Updated on 23/08/2026 — By Cassini Expertise, independent building expert serving the Alpes-Maritimes (06) & Var (83). Free quote: 04 22 46 06 04.

Frequently Asked Questions

What is a right of way?

A right of way is a real property right that allows one person (the beneficiary) to pass over another owner’s land (the servient property) in order to access their own parcel (the dominant property). It can be established by contract, by court decision, or through use (30-year prescription).

Who must maintain the right-of-way path?

As a rule, maintenance of the path falls to the beneficiary of the right of way, unless the founding title states otherwise. The owner of the servient land must not obstruct the exercise of the right of way, but is not obliged to maintain it, unless the right of way is subject to specific obligations.

Can a right of way be terminated?

Yes, a right of way can be terminated if it is no longer necessary (for example, if the dominant property has another sufficient access), or if it has become too burdensome for the servient property. Termination can be requested in court, or by agreement between the parties. It is also extinguished if the dominant property ceases to exist or in the event of merger (same owner for both properties).

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).