An appeal lies against a judgment which

Application pratique:

This case law requires the court to examine whether the deed of gift and partition was intended solely to determine the route and conditions of the easement, not to create it. Pierre should gather all documents showing the deed's purpose, including historical maps and correspondence. He must appeal any judgment that dismisses his claim without this analysis, within the legal time limits (one month for a contradictory judgment). A preventive consultation with a French property lawyer is advisable to assess the strength of his case.

Application pratique:

The case law clarifies that the court must first determine if the original deed creating the easement was solely about route and arrangements, not the right itself. Sophie should request the tenant's lease and the original title deeds to check the easement's origin. She must ensure any legal action includes a specific request for the court to analyse the deed's purpose. Advise Sophie to seek a lawyer promptly to avoid interruption of access, as time limits for appeals are strict.

Application pratique:

Under this decision, the court must examine whether the deed was merely a route-fixing agreement. Jean and Marie should gather the deed and any evidence that the easement was created by the deed itself, not by necessity. They must file a claim seeking a declaration that the easement is extinguished due to cessation of landlocked status, and explicitly request examination of the deed's purpose. If the court dismisses their claim without this analysis, they have one month to appeal. A property lawyer can help draft the legal documents correctly.