Right of Way for Enclosed Land: What the 1997 Judgment Changes for Your Land

Imagine: you have just purchased a plot of land in Cuincy, hoping to build your house there. But to access it, you must cross your neighbour's property. And your neighbour refuses, arguing that the right of way has never been used for that purpose. What can you do? Hundreds of owners ask themselves this question every year, especially within the jurisdiction of the tribunal de Douai, where agricultural plots are becoming developable.

The right to a right of way over the neighbouring land is governed by Article 682 of the Civil Code (the provision which provides that the owner of an enclosed plot – without access to the public highway – may demand a right of way over the neighbours' land). But it is necessary that the enclosure be genuine and not voluntary. The Cour de cassation (the highest French civil court) ruled on a key case on 25 June 1997, clarifying the scope of this right. Explanations.