Right of way for farm tracks: ownership of the soil does not exclude the right of use by neighbouring landowners

Imagine: you own a house in Septèmes-les-Vallons, with a small dirt track running alongside your property. You use it to access your garage, but your neighbour, who owns the adjoining plot, claims that the track belongs to him and that he can prohibit you from using it. Who is right? This seemingly trivial question regularly sets neighbours at odds, and the answer is not always what you might think.

The decision handed down by the French Supreme Court on 9 January 2025 (No. 23-20.665) provides an essential clarification: the ownership of the soil of a track by a neighbouring landowner does not preclude its classification as a farm track (chemin d'exploitation) nor the right of use by other neighbouring landowners. In other words, even if you own the soil, you cannot prevent your neighbours from using it if the track is necessary for the use of their land.

This decision directly concerns landowners, farmers, hunters, and also any individual who owns land in a rural or peri-urban area, such as in Plan-de-Cuques or in the Alpilles. How do you distinguish a farm track from a private track? What are your rights and obligations? I will explain everything in detail.

The facts: a story like many that occur every day

Mr G, owner of a plot registered as section B No. 4 in Septèmes-les-Vallons, decides to carry out connection and installation works on his property. To access it, he uses a track that runs alongside the plot of his neighbour, Mr H, owner of plot section B No. 3. Except that Mr H believes that this track forms part of his property and that Mr G has no right to use it without his permission. He therefore brings legal proceedings to have his exclusive ownership recognised and to obtain the cessation of the works.

The first instance court rules in favour of Mr H: the track is indeed his property, and Mr G cannot use it without a right. But Mr G appeals. The Aix-en-Provence Court of Appeal reverses the judgment: it holds that the track, although owned by Mr H, has the legal classification of a farm track, and that Mr G, as a neighbouring landowner, has the right to use it to access his land. Mr H appeals to the French Supreme Court.

The French Supreme Court dismisses his appeal. It confirms that ownership of the soil of the track is not absolute: it yields to the classification of farm track, which confers a right of use on all neighbouring landowners. In short, Mr G may continue to use the track, even without Mr H's consent, as long as the track serves his plot and is necessary for its use.

The reasoning of the court — dissected

The French Supreme Court relies on Article 1240 of the Civil Code (civil liability for fault) and on the concept of farm track, defined by case law as a track that serves several plots, even if it belongs to a single owner. But what exactly is a farm track? It is a track created for the needs of agricultural or forestry use, but also, by extension, for any use necessary for access to plots (dwelling, activities).

The judges recall that the classification of a farm track does not depend on the ownership of the soil, but on the purpose of the track and its actual use. If the track serves several plots, it is presumed to be a farm track, unless proven otherwise. What few people know is that this presumption is very strong: the owner of the soil must prove that the track is exclusively reserved for his own use, for example by a fence or prohibition signs.

The Court rejects Mr H's argument that the fact that he owns the soil gives him an exclusive right. It considers that the right of ownership is not absolute and must be exercised with respect for the rights of other neighbouring landowners. However, this does not mean that the owner of the soil loses all rights. He retains ownership of the soil, but he cannot prevent other neighbouring landowners from using the track in accordance with its purpose. undefined that Mr H cannot block the passage, nor build on the track, nor demand a fee for its use.

This decision confirms consistent case law (see in particular Civ. 3rd, 10 March 2021, No. 19-24.892) and does not constitute a reversal. But it usefully reminds us that the right of ownership is not an absolute right to do anything.

What this changes for you — concretely

For neighbouring landowners of a track, this decision is good news: it secures their right of access. If you are in Plan-de-Cuques and your neighbour claims to prohibit you from using a track he owns, you can invoke the classification of farm track if the track serves your plot and is necessary for its use (even non-agricultural: simple access to your house).

For owners of the soil of the track, the decision is a warning: you cannot consider this track as your exclusive private property. If you want to keep exclusive use, you must prove that it serves only your land, or else fence it off and put up signs prohibiting passage. Otherwise, your neighbours may use it without your permission.

For buyers of a property served by a track, this is a point of vigilance to check before buying: is the track private or a farm track? If it is a farm track, you will benefit from a right of use, but you will not be able to prohibit access to other neighbouring landowners. Conversely, if the track is private and you have no easement (right of way) registered in the land registry, you risk having no legal access.

undefined, I have come across cases where owners bought a nice house in the countryside without checking the status of the access track, and found themselves completely landlocked (no access to the public road) when the owner of the track decided to block the passage. This decision limits this risk, but does not eliminate it completely. If you are in this situation, you must check whether the track is a farm track or not. How? By consulting the land registry, but especially by looking at the actual use: if several owners use it, that is a strong indicator.

Four tips to avoid this type of dispute

• Check the status of the track before buying: consult the land registry plan and ask the seller for a sworn statement regarding the use of the track. If the track is private, require a notarised right of way easement.
• Have the use recorded by a bailiff: if you have been using a track for years without opposition, a bailiff can draw up a report that will serve as evidence to establish acquisitive prescription (usucapion) after 30 years of continuous use.
• Do not block the passage without a right: if you are the owner of the soil, do not install a gate or chain without having checked that the track is not a farm track. You could be ordered to pay damages for abnormal neighbourhood disturbance.
• In case of dispute, prefer mediation: before going to court, try conciliation. Lawyer and procedural costs are often higher than the cost of an amicable agreement (for example, sharing the maintenance costs of the track).

Further reading: related case law and developments

This decision follows a consistent line of the French Supreme Court. We can cite the decision of 10 March 2021 (No. 19-24.892) which already held that ownership of the soil of a track does not exclude the right of use by neighbouring landowners. More recently, a decision of 14 September 2023 (No. 22-15.780) clarified that a farm track can be used even for non-agricultural purposes, such as access to a dwelling.

The trend is therefore towards protecting access to plots, to the detriment of the absolute right of ownership of the soil. The courts consider that the general interest of unlocking landlocked plots prevails over the particular interest of the owner. This means that, unless proven otherwise, any track serving several plots will be presumed to be a farm track. In the future, we can expect this presumption to be strengthened, particularly in peri-urban areas where access to plots is a major issue.

Checklist before taking action

• Am I a neighbouring landowner of a track I use? Yes → Check if the track serves other plots. If so, it is probably a farm track, you have the right to use it.
• Does my neighbour want to prohibit my passage? Do not give in. Contact a lawyer to obtain a judicial recognition of the classification as a farm track.
• What are the time limits for action? For neighbourhood disturbance, you have 5 years from the first disturbance. For an action to assert ownership, the limitation period is 30 years.
• How much does a procedure cost? Count between €2,000 and €5,000 in lawyer's fees for a first instance, plus bailiff and possible expert fees. A mediation costs about €500 to €1,000.
• Can I obtain damages? Yes, if you prove a loss (for example, additional travel costs to bypass the blocked track).

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