Right of Way in Grasse: Disputed Width Measured with a Total Station

PROPERTY — RIGHT OF WAY

You’ve just bought a property in Grasse, with a 3-metre-wide right of way registered in the deed. Your neighbour, whose land is landlocked, uses it to reach the road. One morning, they put up a fence. You get out your tape measure: only 2.80 metres. The conversation turns into a conflict. 20 centimetres short — that’s the width of a wheelbarrow. What nobody tells you: on Grasse’s hilly terrain, measuring flat with a tape systematically produces an error of 2 to 5%. Your right of way may well be compliant — just badly measured.

What you see — and what it’s really hiding

The symptom is simple: a width that doesn’t match the deed. You may have checked the online cadastral map, or drawn a rectangle on Géoportail. These tools are indicative only, accurate to roughly a metre. They don’t account for the actual slope of the ground, tape distortion in the heat, or the fact that the legal boundary is measured between the centres of the boundary markers, not their edges.

What I often find in these cases, especially on the Grasse hillsides: owners measure the horizontal distance « by eye » or with a tape held up in the air. But a right of way is a ground-level surface. If the path has a 10% slope (common in Grasse), measuring a 30-metre length with an inclined tape underestimates the actual ground distance by around 15 centimetres. That error carries through into the surface calculation. What does this look like in practice? A theoretical passage of 3 m x 30 m = 90 m² might actually only measure 87 m² on the ground. Disputes often hinge on exactly these discrepancies, but without the right instrument, there’s no way to settle them.

TOP-DOWN SCHEMATIC VIEW OF THE PASSAGE Marker A Marker B Horizontal distance measured with total station Theoretical boundary 3.00 m Theoretical boundary 3.00 m Actual measured boundary 2.80 m Actual measured boundary 2.80 m Discrepancy found: 20 cm on each side (missing hatched area)

The total-station measurement that makes the difference

For a right of way, width is measured perpendicular to the axis of the passage. On sloping ground in Grasse, a total station (a Leica TS16, for example) measures the slope distance (D_i), the vertical angle (α), and calculates the horizontal distance (D_h) and the elevation difference (ΔH). Formulas: D_h = D_i × cos(α) and ΔH = D_i × sin(α). Take a real case measured last year on a property in Grasse: between two boundary markers, the total station reads D_i = 3.02 m and α = 3.5° (a 6.1% slope). Calculation: D_h = 3.02 × cos(3.5°) = 3.02 × 0.9981 = 3.015 m. ΔH = 3.02 × sin(3.5°) = 3.02 × 0.061 = 0.184 m. The actual horizontal distance is therefore 3.015 m — greater than the tape measurement, which, poorly held taut, would have given around 2.98 m. The 3.5 cm discrepancy falls within the tolerance for a topographic survey (±1 cm + 2 ppm for a total station). What this means in practice: the passage complies with the 3-metre requirement. Article 682 of the French Civil Code specifies that the right of way must allow « passage sufficient for the servicing of the landlocked property ». Case law accepts a minor technical tolerance provided the passage remains functional. Here, 3.015 m instead of 3.000 m is functional.

If you let the dispute escalate

Within 6 months, without an independent joint survey, the neighbour dispute takes hold. Relations deteriorate. You risk formal complaints for abnormal neighbourhood disturbance. In Grasse, the local court handles dozens of such cases every year.

Within 2 years, if the right of way genuinely turns out to be undersized (outside tolerance), it may become impassable for emergency or delivery vehicles. The value of your land — and that of the dominant property — depreciates. A court-ordered expert survey will be required, costing €2,500 to €4,000, split between the parties. If the passage is ruled insufficient, you could be ordered to widen the right of way at your own expense. On the Grasse hillsides, with existing retaining structures in place, such works can reach €15,000 to €30,000. Secondary problems then appear: altered water drainage, landslips on cut embankments, cracks in shared party walls.

Recourse and guarantees: what you can demand

Article 685 of the French Civil Code is clear: « The owner whose land is landlocked […] is entitled to a right of way over the land of their neighbours. » The width is set by agreement or, failing that, by a judge according to customary use. Faced with a dispute in Grasse, insist on a joint measurement carried out by a building/planning expert, using a total station, with both parties present. This measurement, in RGF93/Lambert 93 coordinates, is legally conclusive. Send a registered letter with acknowledgement of receipt proposing this independent survey. If refused, apply to the Grasse local court for an emergency ruling appointing an expert. Frankly, that’s the only way to obtain undeniable technical proof. Don’t rely on visual estimates. Your right is quantified — it must be measured with precision.

Frequently Asked Questions

How do you precisely measure the width of a right of way on sloping ground?

On sloping ground, as in Grasse, a simple tape measure underestimates the horizontal distance. You need a total station (such as a Leica TS16), which measures the slope distance and vertical angle to calculate the exact horizontal distance. This method respects the legal definition of width as measured perpendicular to the axis of the passage.

What should I do if my neighbour has put up a fence that reduces the width of the right of way?

Before raising a dispute, have the width measured by a building/planning expert using a total station. The apparent discrepancy may be due to the slope. If the actual width is less than stated in the deed, send your neighbour a registered letter requesting that the fence be moved. If they refuse, apply to the Grasse local court.

How much does a topographic survey for a right of way cost?

A topographic survey by a building/planning expert in the Alpes-Maritimes costs between €300 and €800, depending on the complexity of the site and travel involved. For a simple right-of-way width measurement, expect to pay around €400 to €500. The turnaround is typically 1 to 2 weeks.

Is a tape measurement sufficient in court for a right-of-way dispute?

No, a tape measure is not reliable on sloping ground: it produces an error of 2 to 5%. Courts require precise measurements, carried out with a total station by a building/planning expert. Without this, your dispute risks being dismissed.

How do I know whether right-of-way width is measured between the centres of the boundary markers or between their edges?

The legal width of a right of way is measured between the centres of the boundary markers, not between their edges. If you measure between the edges, you lose a few centimetres. Check the notarial deed: it often specifies the method. If in doubt, a building/planning expert can advise you.

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📅 Updated on 24/07/2026 — By Cassini Expertise, independent building expert for the 06 & 83 departments. Free quote: 04 22 46 06 04.

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