Buying A Rural Property? Know Your Access Rights
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Considering buying a rural property in the French countryside? Whether you’re eyeing a secluded farmhouse in the Dordogne, a country mas in Provence or a holiday home in Occitanie, one key legal issue to understand is access rights, known in French as “servitudes or droit de passage”.
In France, rights of way can apply when a property is landlocked or difficult to access, and they’re governed by well-defined legal principles. Here’s what you need to know before signing on the dotted line.
What Is a Droit de Passage in France?
A “droit or servitude de passage” is a legal or contractual right to cross someone else’s land to access your own. This may be necessary when a property has no direct access to a public road, something that’s not uncommon in rural France.
There are two possible scenarios: the landlocked property (terrain enclavé) and the property with limited access (terrain difficile d’accès). The rules and your rights differ depending on the situation.
Landlocked Property: Automatic Legal Right of Way
If a property has no direct access to a public road, French law grants the owner a legal right of passage through a neighbouring plot. You are legally entitled to a passage, but the route should meet the following conditions:
- Be the shortest possible access to the nearest public road
- Cause minimal disruption to your neighbour
- Include a reasonable indemnity paid to your neighbour for any inconvenience (noise, wear, loss of privacy)
It is strongly recommended to formalise the agreement either via a private deed (sous seing privé) or a notarial deed (acte authentique) for added legal weight.
What If the Land Was Subdivided?
If the landlocked situation results from the division of a larger property (e.g. inheritance or sale), the right of way must be granted over the land that was divided, even if it’s a longer route.
What to Do If There’s a Dispute
Before going to court, French law requires you to attempt mediation, using:
- A justice conciliator (free)
- A certified mediator (fee-based)
- A participatory procedure with lawyers (also fee-based)
Only after these steps can you bring the matter before the Tribunal Judiciaire (local court), which will determine the route and method of passage (on foot, by vehicle, etc.) and the amount of compensation owed, if any.
If a new road is built or another public access route becomes available, the right-of-way may cease. If your original agreement was notarised, an official deed is needed to cancel it.
Difficult Access (Not Landlocked): Requires Agreement
If your property is accessible, but the route is difficult (e.g. too steep, impractical, or extremely inconvenient), then no automatic right of way exists. Any passage across a neighbour’s land must be negotiated. This type of easement is called a conventional servitude (servitude conventionnelle) and requires a written agreement with clarity about:
- Route of the passage
- Type of use (pedestrian, car, farm vehicle)
- Indemnity amount, freely agreed between the two parties, based on the inconvenience or damage caused
Top Buyers Tip: Always have the agreement officially recorded with a notaire, especially if you’re a foreign buyer unfamiliar with local customs or land registry practices.
Disputes and Inactive Rights of Way
If a contractual right-of-way hasn’t been used for 30 years, it can be legally terminated. Proof of abandonment may include:
- A report from a commissaire de justice (formerly huissier de justice)
- Photographs of disuse or overgrowth
- Witness statements from neighbours
Legal disputes follow a similar process: you must attempt to resolve them through mediation or legal conciliation before involving the court.
Know Before You Buy
Buying property in France is a dream for many, but access rights are often overlooked, particularly with
- Country properties and rural estates
- Vineyards and farm properties
- Holiday homes in rural locations
Key Takeaways
- Always check whether access is official and properly registered
- Don’t rely solely on visible paths, consult the land registry (cadastre) and local notaires
- If you’re unsure, have a legal review done before buying
- Formalise any agreement in writing, preferably via a notaire
Need Expert Assistance?
If you’re looking to buy property in France and want peace of mind, we can connect you with trusted local notaires, property lawyers, insurance services and bilingual real estate agents who understand rural land issues and the needs of foreign buyers.
Contact us or explore our complete Guide to Buying a French Property for more legal insights, regional tips and step-by-step guidance.
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