The existence of a farm track

Application pratique:

Under this case law, a farm track's existence does not depend on being passable by car. The landlord should gather evidence of historical use (photos, witness statements, title deeds) and show the track is still used for agricultural purposes. He should send a formal letter to the neighbour asserting his right and, if needed, seek a court declaration to prevent blocking. Keep all correspondence and consult a French property lawyer promptly.

Application pratique:

This decision clarifies that a farm track is legally recognised even if not passable by car. The buyer should ask the notaire to verify the title deeds for any servitude or chemin d'exploitation and check local usage. Obtain a surveyor's report on the track's condition and negotiate maintenance responsibilities with the seller. Do not waive any conditions until the legal status is confirmed.

Application pratique:

The Court of Cassation ruled that a farm track does not need to be passable by car to exist. The co-owners should check their property deeds and the track's historical use; if it qualifies as a chemin d'exploitation, both must contribute to maintenance proportionally. They should first try mediation through the syndic or a neutral third party, and if that fails, obtain a legal opinion to confirm the track's status and avoid unilateral blocking.