My Neighbour Has Blocked Access to My Landlocked Property: What Are My Rights in the Alpes-Maritimes and Var?

You bought a plot of land for use as an orchard or leisure retreat in the Alpes-Maritimes or the Var, and your neighbour has just installed a barrier across the only track giving access to it from the public road. The deed of sale makes no mention of a right of way, and your approach to the town hall has led nowhere. This situation raises a precise legal question: that of a landlocked property (fonds enclavé) and the legal remedies available to its owner. Before taking any legal or amicable action, it is essential to rigorously document the situation on the ground: a bailiff’s official record (constat de commissaire de justice, formerly huissier de justice), dated and geolocated photographs, and a technical inspection of the land’s configuration to determine whether it qualifies as landlocked under the French Civil Code.

The first step: documenting the blocked access before taking any action

Faced with a barrier or any other physical obstacle blocking access to your land, do not take unilateral action to destroy the obstacle or force your way through: doing so exposes you to criminal prosecution for damaging another person’s property or disturbing possession. The recommended approach rests on three pillars:

• Bailiff’s official record: this legal professional draws up a formal report describing precisely the nature of the obstacle (padlocked barrier, chain, closed gate), its location, the dimensions of the track and any physical element preventing passage (padlock, « no access » signs).
• Dated, geolocated photographs: an essential complement to the official record, helping build a solid body of evidence.
• Technical inspection of the site: an independent building expert documents the track’s usability, its width, gradient, surface type, and any structures crossing it (water meter, electrical or telephone connection), all of which point to prior regular use and an existing de facto access. The expert also costs out the work needed to create access suited to the land’s intended use (farm machinery, light vehicles, gardening equipment).

This preliminary work is essential to establish that the property is landlocked within the meaning of Article 682 of the French Civil Code, and to prepare either an amicable negotiation or, if necessary, court proceedings.

The legal framework: the right-of-way claim under Article 682 of the French Civil Code

Article 682 of the French Civil Code states: « The owner of landlocked property, who has no access to the public road, or only insufficient access, whether for the agricultural, industrial or commercial use of the property, or for building or subdivision works, is entitled to claim a sufficient right of way over neighbouring land to ensure full access to the property, in exchange for compensation proportionate to any damage caused. »

Several points follow from this text:

• Being landlocked is not presumed: it must be proven that the property has no access to the public road, or only insufficient access given its actual use. Land used as an orchard, garden or for leisure activities requires access suitable for light vehicles, or even agricultural or forestry machinery depending on the case.
• The absence of a right of way in the deed of sale is not a barrier: a right of way for landlocked property arises directly from the law (Article 682), independently of any contractual clause. You do not need a right of way mentioned in the deed in order to act.
• The right of way must be « sufficient »: case law interprets this in light of the nature and use of the property. Article 683 of the Civil Code specifies that « the right of way must be taken on the side where the route from the landlocked property to the public road is shortest, » but also « in a manner that causes the least damage to the property over which it is granted. » The building expert therefore assesses width, gradient, ground stability and the work required to guarantee compliant access.
• Compensation is owed to the owner of the servient land: this compensation, agreed either amicably or set by the court, must be « proportionate to the damage » suffered by the neighbour (Article 682). It compensates for the loss of enjoyment of a strip of land, any necessary development works, and the resulting decrease in the value of the servient property.
• The right of way must be registered with the land registry: under Article 684 of the Civil Code, the legal right of way must be recorded with the land registry (service de la publicité foncière) so that it is enforceable against third-party purchasers.

Article 685 of the Civil Code adds that « if the landlocking results from the division of a property following a sale, an exchange, a partition or any other contract, the right of way may only be claimed over the land involved in that transaction »: this provision generally does not apply to cases of original landlocking or landlocking resulting from the earlier sale of separate plots.

Practical steps to assert your right of way

Once the landlocked status has been documented and established, the process unfolds in four stages:

1. Building the evidence file: bailiff’s official record, photographs, technical expert report on the site (track dimensions, usability, crossing structures, cost of development works). This file makes it possible to establish the landlocked status and to calculate the compensation.
2. Checking the cadastral boundaries and land survey: only a chartered land surveyor (géomètre-expert) is authorised to carry out boundary determination and the legal delimitation of plots (French Law No. 46-942 of 7 May 1946). The building expert documents the physical situation on the ground (access, track, usability, structures), but does not delimit the plots. The surveyor draws up the boundary plan, identifies the dividing lines and, if necessary, proposes a right-of-way route compatible with the site’s topographical and legal constraints.
3. Amicable negotiation: armed with the expert’s report and the surveyor’s plan, you send the neighbouring landowner a written proposal along with a costed compensation offer. Amicable mediation often resolves the situation without going to court, provided both parties are willing to negotiate in good faith.
4. Right-of-way action before the civil court: if negotiations fail, you bring the matter before the tribunal judiciaire for the area where the property is located (Grasse for the Alpes-Maritimes; Draguignan or Toulon for the Var). The judge orders a court-appointed expert assessment, sets the route and width of the right of way, the terms of its upkeep, and the amount of compensation. Once final, the judgment is recorded with the land registry so it is enforceable against third parties.

The respective roles of the land surveyor, the building expert and the lawyer

Resolving a landlocked-access dispute calls on three complementary skill sets:

• The chartered land surveyor (géomètre-expert): a regulated professional (member of the Order of Chartered Surveyors), only they are authorised to carry out boundary determination and the legal delimitation of plots. They produce the topographical plan, identify the dividing lines, and propose a right-of-way route that meets both the legal requirements (Article 683: shortest route, least damaging) and topographical constraints (gradient, width, access to utilities). Their involvement is essential to formally establish the right of way and make it enforceable against third parties.
• The independent building expert (Cassini Expertise): documents the actual conditions on site: the usability of the existing track, its width, gradient, surface type, any structures crossing the route (water meter, electrical connection, pipework), and indications of prior use. The expert also costs out the work needed to create access suited to the land’s use (earthworks, gravelling, installing a gate, connecting to utilities). This report is a key piece of evidence for amicable negotiation and any court-ordered expert assessment. Cassini Expertise does not carry out legal boundary determination of plots, which is the exclusive responsibility of the chartered land surveyor.
• The lawyer: advises on litigation strategy, drafts procedural documents (summons, submissions), pleads before the civil court, and follows the matter through to enforcement of the judgment and registration of the right of way.

Four frequently asked questions

Can the town hall force my neighbour to keep the access open?

No. The mayor has administrative policing powers to ensure public safety, health and order, but has no authority to order a right of way to be opened between two private properties. A right-of-way claim falls exclusively within the jurisdiction of the civil courts (tribunal judiciaire), which alone can rule on legal easements between private landowners. The town hall may possibly help with amicable mediation, but cannot compel the neighbour.

Can I remove the barrier my neighbour installed myself?

No, under no circumstances. Destroying, moving or forcing open a barrier installed on someone else’s land is a criminal offence: damage to another person’s property (Article 322-1 of the French Criminal Code), trespass, or disturbance of possession. You would expose yourself to criminal prosecution and to damages payable to the neighbour. The only lawful route is to document the blocked access, negotiate amicably, or, failing that, bring the matter before the civil court to obtain a judgment recognising your right of way.

Is the compensation owed to the servient landowner necessarily very high?

The amount of compensation depends on several factors: the area of land affected by the right of way, the decrease in value of the servient property, the cost of any works (fencing, gate, surfacing), and the inconvenience caused by the regular passage of vehicles or machinery. For land used as an orchard or leisure retreat served by an existing rural track, compensation can remain modest if the route follows a track already in use and does not require major works. A technical expert assessment allows the compensation to be calculated precisely and negotiated on an objective basis. In any event, the compensation is generally far lower than the cost of buying a replacement plot with direct access to the public road.

How long does a right-of-way court case take?

The timeframe varies depending on how busy the court is and how complex the case is. On average, expect 12 to 24 months between the summons and the first-instance judgment, plus the time needed for the court-ordered expert assessment (6 to 12 months) and, if applicable, an appeal. A well-prepared preliminary amicable phase (bailiff’s record, technical expert report, surveyor’s plan, costed compensation offer) can lead to an agreement within 3 to 6 months, avoiding litigation altogether.

Cassini Expertise supports you in the Alpes-Maritimes and the Var

With 15 years of experience in public works and project management, Cassini Expertise works as an independent building expert throughout the Alpes-Maritimes (06) and the Var (83) to document the situation on the ground in access or landlocked-property disputes. Our role is to produce a detailed technical report describing the layout of the land, the usability of the existing track, any crossing structures (meters, utility lines), topographical constraints (gradient, width, ground type), and to cost out the work needed to create access suited to the property’s use. We do not carry out boundary surveys or the legal delimitation of plots, which fall exclusively within the remit of the chartered land surveyor.

If a neighbour has blocked your access, call Cassini Expertise on 04 22 46 06 04 or email [email protected] to arrange a site visit and obtain a technical expert report to support an amicable negotiation or a right-of-way claim before the civil court.

Related reading

• Pre-purchase building survey in the Var
• Property boundary survey before buying
• Guide: how to choose your building expert

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