Right of Way Servitude: When the Division of Land Creates Landlocked Parcels

Imagine you own a beautiful plot in Mougins, with views over the hills. You bought this land a few years ago, built your house on it, and enjoy your garden every day. But here's the catch: to access your property, you must cross your neighbour's land. A verbal agreement existed initially, but since they sold part of their land, they now refuse you passage. What can you do? Is your property truly landlocked (without access to a public road)?

I encounter this situation regularly in my practice, whether in Grasse, Mougins, or Le Cannet. Owners find themselves blocked, unable to access their property, sometimes with significant financial stakes. The recurring question is: "Do I have the right to demand a right of way over my neighbour's land?"

The Court of Cassation has just addressed this question in a decision dated 20 November 2025. This case law (body of judicial decisions) clarifies a crucial point: when landlocking results from the division of a single plot, the rules change. But what does this mean in practice for you?

The Facts: A Story as Common as Any

The story begins with Mr. N, a landowner in the countryside. He initially owned several plots, some of which were already landlocked. Over the years, through successive sales, he formed a single estate (group of consolidated plots) that, as a whole, was no longer landlocked. In other words, by consolidating his lands, he had created access to a public road.

Then, by deed dated 24 July 1999, Mr. N divided this single estate. He sold some plots, including numbers 2, 5, and 7. Problem: these sold plots became landlocked. The new owners could no longer access them directly from the road. They then requested the establishment of a right of way servitude (right to cross another's land) over Mr. N's remaining plots.

The conflict erupted. The purchasers believed they were entitled to a right of way, since their lands were landlocked. Mr. N, on his part, contested this obligation. The case went before the courts, with twists at each level. The Court of Appeal had initially ruled in favour of the owners of the landlocked plots, but Mr. N lodged an appeal (recourse) with the Court of Cassation.

undefined, I have handled cases where similar situations led to disputes lasting years, with litigation costs often exceeding €10,000. In Le Cannet, where land pressure is high, these access issues can block entire real estate projects.

The Court's Reasoning — Explained

The Court of Cassation quashed (annulled) the Court of Appeal's judgment. Its reasoning is based on Article 684 of the Civil Code. This article provides that "the owner whose land is landlocked [...] may claim a right of way over the land of their neighbours." But beware: this rule has exceptions.

The judges reiterated a fundamental principle: when landlocking is the direct consequence of dividing a single estate that was not landlocked, a right of way can only be established under Article 684. What few people know: this article requires that the landlocking not result from the owner's will. Here, by dividing his land, Mr. N had voluntarily recreated a landlocked situation.

The Court clarified a crucial point: it does not matter that some plots were landlocked before the formation of the single estate. What matters is the state of the estate at the time of division. If, when you divide your land, the whole is not landlocked, you cannot later invoke the landlocking of some parts to claim a right of way.

In other words, the court prioritised transactional security. If you buy a plot resulting from a division, you must verify its access at the time of acquisition. You cannot rely on landlocking that results from the division itself. This reasoning confirms prior case law, but with an important clarification on the irrelevance of prior landlocking.

What This Means for You — Practically

If you are a landlord (lessor) of land in Mougins, this decision protects you. Imagine you divide your property to sell part of it. The purchasers cannot impose a right of way on you if their plot becomes landlocked due to this division. This secures your subdivision projects.

If you are a tenant, the situation is different. Your lease (tenancy agreement) must specify access arrangements. In case of disputes between owners, you could be affected. In Le Cannet, I have seen commercial tenants lose customers because access to their shop was contested between neighbouring owners.

If you are a purchaser, you must be extremely vigilant. Before buying a plot resulting from a division, verify its access to a public road. Have a survey conducted by a chartered surveyor (cost: around €1,500). If access depends on a right of way over neighbouring land, insist that the servitude be recorded in the deed of sale. Otherwise, you risk ending up with an inaccessible property.

If you are a co-owner, this decision also applies to common parts. Dividing a unit can create landlocked situations. The managing agent must anticipate these issues during works or modifications.

How to react? If you are in this situation, you should first consult a specialised solicitor. Time limits for action are short: generally 5 years from the division. The amounts at stake can be substantial: in Grasse, the value of land without access can drop by 30 to 50%.

Four Tips to Avoid This Type of Dispute

• Before any division, have a subdivision plan drawn up by a chartered surveyor, with access routes marked. Average cost: €2,000 to €3,000, but it avoids lawsuits costing €20,000.
• In the deed of sale, if a plot requires a right of way, record the servitude precisely (width, location, duration). Negotiate compensation with the neighbour if necessary.
• For purchasers, insist on a clause guaranteeing access. Refuse the purchase if the seller cannot prove legal and permanent access.
• In case of doubt, consult a solicitor before signing. An hour's consultation (around €150) can save a €300,000 investment.

Further Insights: Related Case Law and Developments

This decision fits into a consistent line of case law. Already, in a judgment dated 6 July 2011 (No. 10-17.138), the Court of Cassation had refused a right of way when landlocking resulted from a division. The novelty here is the affirmation that prior landlocking is irrelevant.

However, a divergent decision existed. Some Courts of Appeal, like that of Bordeaux in 2018, had sometimes granted rights of way in similar situations, in the name of equity. The Court of Cassation puts an end to these hesitations.

What does this mean for the future? Courts will apply this rule strictly. The trend is towards legal security in real estate transactions. Owners who divide their lands will need to anticipate access issues, or risk having their sales challenged.

undefined, I observe that notaries are increasingly vigilant on these points. In Mougins, where land is highly sought after, a plot without clear access can remain unsellable for months.

Key Points to Remember

• If you divide land: verify that each plot has independent access to a public road. Otherwise, arrange servitudes before the sale.
• If you buy a divided plot: demand proof of access. No proof = do not sign.
• If your land becomes landlocked after division: you cannot demand a right of way over a neighbour's land if the landlocking results from this division.
• Time limit for action: generally 5 years from the division. Consult a solicitor quickly.
• Cost of a dispute: expect between €8,000 and €25,000 in legal fees, with no guarantee of success.

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