Easements imposed by the authority

Application pratique:

Under the 2002 Court of Cassation ruling, easements imposed by an administrative authority for a public interest or public policy purpose are not extinguished by non-use, even after 30 years. The landowner must check the subdivision regulations (cahier des charges) and obtain a certificate d'urbanisme to confirm the easement's existence. They should not build over the drainage route and should seek legal advice before making planning applications, as the easement remains enforceable.

Application pratique:

This case law confirms that such a public-interest easement is not lost through non-use, so the buyer cannot rely on the seller's assertion. The buyer should ask the notaire to verify the subdivision approval (arrêté de lotissement) and obtain a planning certificate (certificat d'urbanisme) detailing all easements. If the easement remains, the buyer must either accept the restriction, negotiate a price reduction, or withdraw from the purchase; they cannot later claim extinguishment.

Application pratique:

The ruling makes clear that public-policy easements, such as emergency access, are not extinguished by non-use. The co-owners must not block the access; doing so could lead to a court order to remove the gate and potential damages. They should review the co-ownership regulations (règlement de copropriété) and the subdivision plan, and if they wish to modify the layout, they must apply to the local authority for a formal extinguishment or modification, which is unlikely for public safety reasons. Legal action claiming non-use would fail.