According to local customs, a "rouille"

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

The situation

According to local customs, a "rouille" is a space one metre in width laid out between two plots to allow them to be worked or accessed with a wheelbarrow, and, according to those same customs, each adjoining owner may only enclose their land by leaving the width of the "rouille" free, unless there is mutual agreement to remove it. The Court of Appeal, holding that one of them had shown an intention to continue using this path, thereby justifies its decision ordering the reinstatement of a "rouille" which one of the adjoining owners was seeking to have removed, arguing that this passage had lost its character as a necessary accessory of the two adjoining plots, which had previously deprived each of the two owners of the right to seek partition.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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