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Easements
Definition of servitude
An easement is a burden, which weighs on one property, and which benefits another property. It is attached to the property and is thus transmitted at the same time as it, when the property is sold. It is therefore important that a buyer is informed of the easements that exist on the property he buys, or that he benefits from on a neighboring property.
Namely : There are also administrative easements , which limit the rights of the owner. They are often binding. These are urban planning easements , or those benefiting EDF, for example.
An easement can be created voluntarily, by the owner of a property, which will allow a neighbor to pass on his land or to bury pipes. It is useful to note it in a writing, drawn up by the notary and published in the real estate file, so that everyone can have knowledge of it.
The easement can also be created by its use for 30 years: this possibility exists for easements that are said to be continuous and apparent, for example a window that the neighbor creates too close to the separating boundary. If nothing is said for 30 years, the neighbor will have obtained a view easement .
Easement can also be created when separating a parcel into several properties. Thus, if an existing window is not at the regulatory distance after division of the plot, it benefits from an easement of view that is called "by destination of the father of the family".
Finally, easement can be imposed by the judge, when land is landlocked. Justice will give the owner a right of way, on the shortest or least troublesome side. The owner who bears the easement of passage is entitled to compensation.
Namely : There are also administrative easements , which limit the rights of the owner. They are often binding. These are urban planning easements , or those benefiting EDF, for example.
An easement can be created voluntarily, by the owner of a property, which will allow a neighbor to pass on his land or to bury pipes. It is useful to note it in a writing, drawn up by the notary and published in the real estate file, so that everyone can have knowledge of it.
The easement can also be created by its use for 30 years: this possibility exists for easements that are said to be continuous and apparent, for example a window that the neighbor creates too close to the separating boundary. If nothing is said for 30 years, the neighbor will have obtained a view easement .
Easement can also be created when separating a parcel into several properties. Thus, if an existing window is not at the regulatory distance after division of the plot, it benefits from an easement of view that is called "by destination of the father of the family".
Finally, easement can be imposed by the judge, when land is landlocked. Justice will give the owner a right of way, on the shortest or least troublesome side. The owner who bears the easement of passage is entitled to compensation.
Good to know
Servitude, legal or natural, is a constraint attached to a property
not to an owner.
The asset encumbered by the easement is called the serving land while the land that benefits from the easement is the dominant land.
not to an owner.
The asset encumbered by the easement is called the serving land while the land that benefits from the easement is the dominant land.
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