Right of Way for Landlocked Property: When Planning Law Blocks Access to Your Land

Imagine: you have just bought a house in Saint-Vincent-de-Tyrosse, with a large garden. You plan to install a small workshop there. But to access your plot, you must cross your neighbour's land. So far, nothing unusual: you have a right of way (a right to pass over his land). Except that your neighbour subdivided his land into several plots years ago. And today, he flatly refuses, arguing that the passage you use does not comply with local planning rules. What to do? Hundreds of owners ask themselves this question every year. The decision of the Court of Cassation of 24 October 2024 (No. 22-24.410) provides a clear answer: when the landlocking (lack of access) results from a voluntary subdivision of the land, the passage cannot be fixed on the plots resulting from this subdivision if it contravenes a planning or environmental rule. In other words, the right of way has its limits. Let us look at this in detail.

The Facts: A Story Like Many Others

Mrs Y owns a plot (section B no. 6) in Saint-Vincent-de-Tyrosse which, for decades, has benefited from a right of way over neighbouring plots (B nos. 1 to 5) to access the public highway. These plots belong to Mr X, who acquired them after a subdivision of a larger piece of land. One day, Mr X decides to fence off these plots, preventing any passage. Mrs Y sues him to have her right recognised. But Mr X retorts that the passage used crosses an area where planning rules prohibit any servitude, because it is located in a protected natural zone (water catchment area). The first instance court rules in favour of Mrs Y, considering that the servitude existed before the subdivision. But the Court of Appeal overturns: it considers that fixing the passage on these plots would violate the local development plan (PLU) and the Environmental Code. Mrs Y appeals to the Court of Cassation. The Court of Cassation dismisses her appeal, confirming that the servitude cannot be imposed if it disregards a planning or environmental rule. In short, even if you are landlocked (without access), you cannot force your neighbour to let you pass over a plot where the law prohibits it.

The Reasoning of the Court — Analysed

The Court of Cassation relies on Article 682 of the Civil Code (which provides that the owner of a landlocked plot has a right of way over neighbouring plots to access the public highway). But it recalls an essential principle: this right is not absolute. When the landlocking results from a subdivision of land (as here, where Mr X's land was divided into several plots), the passage must be fixed in a way that respects planning and environmental rules. In other words, the servitude cannot be established on a plot if it contravenes the PLU or environmental regulations (such as protection of water catchments). This is not a reversal of case law, but a confirmation. The Court had already taken this direction in 2019 (Civ. 3e, 14 March 2019, No. 18-10.747). But here, it specifies that even if the passage existed before the subdivision, it cannot be maintained if the rules have changed. The judges therefore examined the arguments of both parties: Mrs Y invoked the thirty-year prescription (the fact of passing for over 30 years), but the court considered that this does not prevail over planning rules. In short, the right of way cannot circumvent the law. However, note: this decision only concerns cases where the landlocking results from a voluntary subdivision. If the landlocking is natural (e.g., a plot surrounded on all sides), the passage may be fixed elsewhere, but always in compliance with the rules.

What This Changes for You — Practically

Whether you are an owner, tenant, buyer or property professional, this decision has important practical implications.

• Landlord owner: If you rent out a landlocked property, you must check that the right of way complies with planning rules. Otherwise, your tenant could be denied access. Example: in Saint-Paul-lès-Dax, an owner had to give up renting a gîte because the passage crossed a protected wetland. Cost of proceedings: over €5,000.
• Buyer: Before buying land, consult the PLU and check that the access is legal. If the passage is contested, you could end up with no access. A client in Mont-de-Marsan lost 20% of the value of his land after discovering the servitude was illegal.
• Co-owner: In a condominium, servitudes between units must also comply with the rules. If a passage is imposed on common parts, it can be challenged if it violates the condominium regulations or the PLU.

What few people know: even if the servitude is recorded in the deed of sale, it can be annulled if it disregards a planning rule. So do not rely solely on the title deed. If you are in this situation, you must act quickly: consult a lawyer lawyer to verify compliance. The limitation periods are 30 years for possessory actions, but it is better not to wait.

Four Tips to Avoid This Type of Dispute

• 1. Consult the PLU before any purchase: Go to the town hall or check online to verify the zoning of your plot and the passage. A simple glance can save you years of litigation.
• 2. Have a compliant servitude deed drafted: If you create a servitude, have it drafted by a notary specifying the route and checking its planning compliance. undefined, I have seen cases where a poorly drafted deed led to conflicts.
• 3. When subdividing, provide compliant access: If you subdivide your land, ensure each plot has direct access to the public highway, or a regular servitude. Otherwise, you risk creating a disputed landlocking.
• 4. Negotiate amicably before going to court: An amicable agreement costs less and is faster. Offer an alternative passage or compensation. If agreement is impossible, only then start proceedings.

Further Reading: Related Case Law and Developments

This decision is part of a jurisprudential trend that reinforces the primacy of planning rules over property rights. In 2019, the Court of Cassation already ruled (Civ. 3e, 14 March 2019, No. 18-10.747) that the right of way cannot be exercised over a plot located in a non-buildable zone. This new decision extends this principle to cases of landlocking resulting from a subdivision. Courts are therefore increasingly strict: they systematically check the compliance of servitudes with the PLU and the Environmental Code. For the future, this means owners will have to be more vigilant. Town halls, for their part, may be led to refuse building permits if access is not regular. A development that secures land but complicates life for landlocked owners.

What You Absolutely Must Remember

• 1. Landlocking does not give an absolute right: The passage must comply with planning and environmental rules.
• 2. Check the PLU before buying or selling: An illegal servitude can be annulled.
• 3. In case of dispute, favour amicable settlement: But if you must go to court, get assistance from a lawyer lawyer.
• 4. Deadlines: Act quickly, because the thirty-year prescription does not protect against planning rules.
• 5. Costs: Legal proceedings can cost between €3,000 and €10,000, not including lawyer fees. Better to prevent.

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