Unless the title establishing the easement

Application pratique:

Under Articles 697 and 698 of the Civil Code, as confirmed by Cass. civ. 3, 12 March 2014, the owner of the dominant land (the landlord) bears the cost of works necessary for the use or preservation of the easement, unless the original deed says otherwise. The landlord should first check the servitude agreement; if it is silent, he cannot force the neighbour to contribute. He should budget for the repairs himself and keep receipts in case of future disputes over the condition of the track.

Application pratique:

The Court of Cassation's 2014 ruling makes clear that the owner of the easement (the buyer) must pay for works needed to use or preserve it, unless the title deed explicitly obliges the neighbour to pay. The buyer should locate the notarised deed that created the easement and check for any cost-sharing clause. If none exists, they must arrange and pay for the repair themselves, but should notify the neighbour in writing before starting works to avoid claims of trespass.

Application pratique:

Articles 697 and 698, as applied by the 2014 decision, provide that the owner of the servient land (here the ground-floor courtyard owner) cannot be forced to bear the cost of works needed for the easement, even if they benefit from the passage. The benefiting co-owner must pay unless the co-ownership regulations (règlement de copropriété) or the original easement deed states otherwise. The co-owner should gather the règlement de copropriété and any notarised titles to see if cost allocation was agreed; if not, they should organise and fund the repaving, and may ask the courtyard owner for permission to carry out the work at a convenient time.