Right of Way for Landlocked Property: When Dividing Land Creates a Permanent Right of Way

Imagine: you have just bought a lovely house in Périgueux, with a large garden. Suddenly, your neighbour forbids you from crossing his land to reach the road. You are stuck. What can you do? This situation, more common than one might think, pits hundreds of owners against each other every year. The French Supreme Court (Cour de cassation), in a judgment of 17 October 2012 (No. 11-24.811), provides a clear answer: the right of way for landlocked property (a situation where a plot has no access to the public highway) is determined at the time of the division of the land, and subsequent sales do not change anything. In other words, if your plot was created by a division, you benefit from a right of way over the plots resulting from the same division, even if they have been sold to third parties. A decision that reassures owners... provided they fully understand its implications.

The facts: a story like many that happen every day

Mr Y., an owner in Périgueux, buys several plots of land. The seller, Mr X., keeps adjoining plots. Problem: Mr Y.'s plots have no direct access to the public highway. To leave his property, Mr Y. must cross the plots that remain Mr X.'s property. The latter, exasperated by this passage which he considers abusive, takes the matter to court to forbid Mr Y. from using his land. The two men oppose each other: Mr Y. invokes the landlocked nature (isolation of his plot) and article 684 of the French Civil Code, which provides for a right of way over plots resulting from the same division. Mr X. retorts that the plots were transferred to third parties after the division, and that the right of way can no longer apply. The Court of Appeal rules in favour of Mr X., considering that the direct causal link between the division and the landlocked status is broken by the subsequent sales. Mr Y. appeals to the Supreme Court.

The reasoning of the court — explained

The French Supreme Court quashes the appeal judgment. It recalls that for the application of article 684 of the Civil Code (which provides that if the landlocked status results from the division of land, the right of way must be taken over the divided plots), it is irrelevant that the plots were transferred after that division. In short, what matters is the situation at the time of the division: if, at that time, a plot becomes landlocked, the right of way arises over the other plots resulting from the same division, and this right subsists even if those plots change owner. The Court of Appeal had therefore erred by focusing on subsequent transfers. The trial judges must determine whether, at the date of the division, Mr Y.'s plots were landlocked. If so, the right of way is acquired, regardless of whether Mr X. sold his plots to third parties. However, note that this mechanism only applies in the case of a voluntary division (sale, gift, partition), not in the case of natural landlocking (article 682).

What this means for you — in practical terms

For owners: if your plot is landlocked following a division, you can claim a right of way over neighbouring plots resulting from the same division, even if they have been sold. For example, in Arcachon, a developer divides a large plot into 5 lots. Lot No. 5, which you buy, has no direct access to the street. You can demand a right of way over lots No. 1 to 4, even if those have been resold to successive purchasers. For tenants: if you rent a landlocked property, it is up to the owner to negotiate the right of way. You cannot act alone. For purchasers: before buying, check the access. If the plot is landlocked, require the seller to regularise a right of way. undefined, I have come across cases where the purchaser discovered the landlocked status after the sale: the procedure can take 18 months and cost €5,000 to €10,000 in legal fees and expert reports. Better to prevent.

Four tips to avoid this type of dispute

• Before buying, consult the land register and the division plan: check that the plot has direct access to the public highway or an easement of way registered. A surveyor can help you.
• Have a clause drafted in the sale deed: if the plot is landlocked, the seller must undertake to grant you a right of way or to have it recognised by a court.
• In case of dispute, favour conciliation: an amicable agreement costs less than a trial. Offer a wayleave payment (e.g., €500 per year) or a land exchange.
• Keep all documents: sale deeds, division plans, correspondence. They will prove the date of division and the landlocked status.

Further reading: related case law and developments

This decision is part of a consistent line of authority from the French Supreme Court. Already in 2005 (Civ. 3e, 9 March 2005, No. 03-18.547), the Court had held that the right of way for landlocked property arising from the division is attached to the dominant tenement and follows the plot, regardless of its owner. In 2018 (Civ. 3e, 7 June 2018, No. 17-16.037), it specified that the landlocked status must be assessed at the time of the division, not at the date of the legal action. The trend is therefore clear: the courts protect the landlocked owner, but limit the right of way to only those plots resulting from the division. This means that an owner cannot claim a right of way over a neighbouring plot that was never divided with his own. For the future, one can expect the courts to become increasingly strict regarding the proof of the division and the initial landlocked status.

Key points to remember

• What is article 684 of the French Civil Code? It provides for an automatic right of way over plots resulting from the same division, if one of them is landlocked.
• When does it apply? Only in the case of voluntary division (sale, gift, partition). Not for natural landlocking.
• What to do if my plot is landlocked? Gather evidence of the division and the lack of access. Consult a lawyer to bring legal proceedings if necessary.
• Can I sell a landlocked plot? Yes, but you must inform the purchaser and, ideally, regularise a right of way before the sale.
• What are the timeframes? Legal proceedings can take 1 to 2 years. The average cost is €3,000 to €8,000, depending on complexity.

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