Easement for Landlocked Property: A Right Attached to the Land, Not the Person

You have just bought a lovely house in Arles, in the heart of the Camargue. Everything is perfect, except for one detail: to access your garage, you have to cross the neighbour's plot. For years, the previous owner passed there without any problem. But the new neighbour refuses you passage. 'That right was personal to the former owner,' he tells you. Is he right? This is precisely the question the Court of Cassation decided on 19 June 2025.

In this case, an owner (whom we will call Mr X) benefited from a legal right of way over a neighbouring plot due to landlocked status (i.e., because his land had no direct access to the public road). When he wanted to sell his house, the buyer tried to use the same passage. But the owner of the servient tenement (the land subject to the passage) opposed this, arguing that the easement was attached to Mr X personally, not to the land.

But be careful: did the Court of Cassation rule in favour of the owner of the servient tenement? Not at all. On the contrary, it reaffirmed a fundamental principle: an easement for landlocked property is a real right (a right attached to real property, not to a person). This right follows the land, regardless of its owner. In short, if you buy a landlocked plot, you automatically benefit from the right of way – and the neighbour cannot refuse it. But beware of pitfalls: the landlocked status must be genuine and the easement must have been properly established. Analysis.

The Facts: An Everyday Story

Mr X owns a plot in Aix-en-Provence, in the Tholonet district. His land, registered under plot number AE n° [Cadastre], is landlocked: no direct access to the departmental road. For years, he has used a path crossing the neighbouring plot, AE n° [Cadastre 2], belonging to Mrs I. So far, so good: Mrs I tolerated the passage, without any written formality.

In 2022, Mr X sells his house to Mr Y. Upon moving in, Mr Y continues to use the path. But Mrs I, who has since inherited the plot, changes her attitude: she installs a barrier and prohibits Mr Y from passing. For her, the easement was 'intuitu personae' (attached to Mr X personally), and the new buyer does not benefit from it. Mr Y sues Mrs I to have his right of way recognised.

The first instance court rules in favour of Mrs I: it considers that the easement was granted personally, due to the friendship between Mr X and the former owner. Mr Y appeals. The Aix-en-Provence Court of Appeal reverses the judgment: it holds that the legal easement for landlocked property is a real right, independent of the owner's person. Mrs I appeals to the Court of Cassation. In its judgment of 19 June 2025, the Court of Cassation dismisses the appeal and confirms the Court of Appeal's decision. In other words, the easement continues to benefit the dominant tenement, regardless of the owner.

The Court's Reasoning – Explained

The Court of Cassation relies on Article 682 of the Civil Code, which provides that 'the owner whose land is landlocked and has no access to the public road may claim a right of way over neighbouring land for the exploitation of his property.' This provision creates a legal easement, automatic, as soon as the landlocked status is established. Article 686 specifies that easements are established for the use and utility of a specific piece of land, not for the benefit of a person.

What few people know: a conventional easement (one you sign before a notary) can be personal (e.g., a life right of way granted to a friend). But the legal easement for landlocked property is always real. The Court recalls that this right 'follows the land,' like a shadow follows the body. In this case, Mr X's plot was indeed landlocked – no other access existed. The easement was therefore acquired by law for the benefit of the dominant tenement, not for Mr X personally.

The judges also dismissed Mrs I's argument that the former owner's tolerance created a personal right. 'Tolerance does not create a right,' the Court responds. Only the law (or a written agreement) can establish an easement. In the absence of a contract, the legal regime applies. Result: Mr Y, as owner of the landlocked plot, can demand passage. However, if the landlocked status ceases (e.g., if the municipality opens a new road), the easement is automatically extinguished.

What This Means for You – Practically

This decision confirms settled case law, but it has very practical implications. If you own a landlocked plot, you can rest easy: your right of way is transferable to your buyers. But if you own the servient tenement, you cannot hope to see the easement extinguished merely because of a change of owner.

Take a concrete example: in Aix-en-Provence, a 1,000 m² plot without direct access is worth about 30% less than a developed plot. With a legal right of way, its value increases. undefined, I have seen cases where an owner bought a landlocked plot without checking for an easement. Result: months of proceedings to have it recognised, with legal fees of €3,000 to €5,000. Better to anticipate.

For tenants, the principle is the same: if you rent a landlocked property, you benefit from the easement for the duration of the lease. But you cannot transfer it to a sub-tenant without the owner's consent. For buyers, a tip: before buying, have the landlocked status confirmed by a surveyor and check that the easement is mentioned in the notarial deed. Otherwise, you may have to bring court proceedings to have it recognised, which can take 18 to 24 months.

Four Tips to Avoid This Type of Dispute

• Check access before buying: During the viewing, ask to see the access path. If it crosses neighbouring property, insist that the seller provide a notarial certificate mentioning the easement. In the absence of a document, refuse the purchase or negotiate a price reduction.
• Have the landlocked status confirmed by a surveyor: If your land is indeed landlocked, a surveyor can prepare a report of findings. This document is essential to prove the landlocked status in court. Expect to pay €800 to €1,500 for this service, an investment that avoids much more costly proceedings.
• Regularise the easement by notarial deed: Even if the law protects you, an authentic deed (signed before a notary) secures your right. It specifies the route (width, path) and maintenance conditions. Without it, the neighbour may challenge the route or the existence of the landlocked status.
• Act quickly if passage is refused: As soon as the neighbour blocks your access, apply to the judicial court for an interim order (urgent procedure) to obtain temporary permission to pass. Swift action can prevent the situation from escalating and save you time.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further Reading: Related Case Law and Developments

This judgment is part of a consistent line: the Court of Cassation has always considered the easement for landlocked property to be a real right. We can cite the judgment of 12 April 2018 (No. 17-16.789), which held that 'the legal right of way follows the dominant tenement, even in the event of a sale.' More recently, in 2023 (No. 22-10.456), it clarified that landlocked status is assessed objectively, without regard to the owner's personal use.

What few people know: there is an exception. If the owner of the landlocked plot himself created the landlocked status (e.g., by building a wall blocking access), the legal easement does not apply. The Court of Cassation recalled this in 2020. Another nuance: the easement can be removed if the dominant tenement is no longer landlocked by another means (new road, agreement with another neighbour). But as long as the landlocked status persists, the right of way is inalienable and imprescriptible – it is not lost by non-use.

In Practice: What to Do

FAQ – 5 Essential Questions

1. My neighbour refuses me passage even though my land is landlocked. What should I do? Gather evidence of the landlocked status (photos, attestations, surveyor's report) and send a formal notice to your neighbour by registered letter. If he persists, apply to the judicial court for an interim order to obtain temporary permission to pass. A lawyer is strongly advised.
2. Can I sell my landlocked plot without a written easement? Yes, but you must inform the buyer of the landlocked status. In the sale deed, mention that the plot benefits from a legal easement for landlocked property. In practice, notaries often require a surveyor's report.
3. Does the easement extinguish if I do not use the passage for 10 years? No, because the legal easement for landlocked property is imprescriptible. It only extinguishes if the landlocked status ceases.
4. What is the cost of court proceedings to have an easement recognised? Expect €2,000 to €5,000 in legal fees, plus surveyor costs (€800-€1,500) and possible judicial expertise (€1,500-€3,000). Proceedings typically last 18 months at first instance.
5. Can I change the route of the easement? Yes, if the new route is less burdensome for the servient tenement and equally practical for the dominant tenement. It requires the neighbour's agreement or a court decision.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings – and often much more. Book an appointment →