Neither the opening of a road to public traffic nor its classification in the communal road network can, in the absence of a transfer of ownership, have the effect of incorporating this road into the communal public highway domain.

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Neither the opening of a road to public traffic nor its classification in the communal road network can, in the absence of a transfer of ownership, have the effect of incorporating this road into the communal public highway domain. Thus, a Court of Appeal which, in ordering the removal of a barrier installed by a co-ownership association at the entrance of a path crossing the co-ownership, holds that this path is open to public traffic and specially equipped for that purpose and that it has been entered in the inventory of urban roads by resolution of the municipal council, violates Articles 1 and 2 of Ordinance No. 59-115 of 7 January 1959 on local authority highways, then in force, and Article L. 141-1 of the Highway Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly observe the legal time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.