Home > Expert advice > Real estate questions > I benefit from a right of way. Can the neighbor install, without my agreement, a gate on the way?
I benefit from a servitude of passage. Can the neighbor install, without my agreement, a gate on the way?
Easement of passage
The owner of the land that supports the easement does not have the right to make it more difficult to pass through his land. But nothing prevents him from installing a portal, as long as this portal does not make the use of the servitude more inconvenient. For example, he must give me the keys or the "beep" if the portal is automated.
Everything depends on the circumstances: if the gate does not interfere with the use of the easement, it is possible to install it. On the other hand, if it causes a significant disturbance, as the beneficiary of the right of way, you can ask the owner to remove it. In the event of a dispute, the judge will assess the situation and make his decision according to the elements that will be presented to him.
Attention: the owner who supports the easement does not have the right to modify the inventory of fixtures, or to move the path used for the passage, without prior consultation.
Everything depends on the circumstances: if the gate does not interfere with the use of the easement, it is possible to install it. On the other hand, if it causes a significant disturbance, as the beneficiary of the right of way, you can ask the owner to remove it. In the event of a dispute, the judge will assess the situation and make his decision according to the elements that will be presented to him.
Attention: the owner who supports the easement does not have the right to modify the inventory of fixtures, or to move the path used for the passage, without prior consultation.
Good to know
In the event of a conflict, your neighbour may lodge an application for interim measures with the Tribunal de Grande Instance.
It is then the judge who will decide and who will allow you to keep your portal or not.
As a general rule, if you give free access to your neighbour and the installation of this development is not abusive, you will win your case.
You can invoke the extinction of the right of way as soon as the property of the beneficiary of this servitude is no longer landlocked.
In the absence of an amicable agreement, it will be necessary to have the cessation of the enclave established by a court decision.
It is then the judge who will decide and who will allow you to keep your portal or not.
As a general rule, if you give free access to your neighbour and the installation of this development is not abusive, you will win your case.
You can invoke the extinction of the right of way as soon as the property of the beneficiary of this servitude is no longer landlocked.
In the absence of an amicable agreement, it will be necessary to have the cessation of the enclave established by a court decision.
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