Maintenance of a chemin rural

[JandM]

Anyone know anything about chemins rurals?

Our house in 47 is reached via 70 metres or so of chemin rural. It is on quite a steep slope and has a fairly basic finish - a mix of tarmac and gravel. The commune resurfaced the chemin with gravel shortly after we bought the house in 2002. Since then it has become fairly weedy, to the point that we mow it, but it hasn't been a problem until now.

However, the large machine workshop at the top of the chemin has recently been extended and the altered groundwork now means that quite a lot of rainwater is being diverted onto the chemin which runs down the slope, washing mud over the surface and generally making it more and more difficult to use. Last time we were there in the New Year it was completely sodden and difficult to drive up the slope

I've talked to the owner of the workshop, but he denies that anything has changed, and I don't have any photographic evidence of the situation before. I don't think I'm going to get any further with him on a neighbour to neighbour basis.

What all this is leading to is the question of whether the commune generally has any responsibility of maintaining a chemin. Is it something they're obliged or committed to do, or could it be that our chemin was resurfaced last time as just a welcoming gesture, or because there was a bit of spare gravel left over. I'm going to contact the mairie anyway, but it would be useful to hear a few opinions on what sort of response I'm likely to get if I ask about the chances of them sorting out the problem

James

[woolybanana]

Is the mayor related to the guy who runs the workshop?

Otherwise, if it is their chemin and not private, point out the problem as you see it and ask what they can do. If there is any money I am sure they will try.

[JandM]

I wouldn't be at all surprised if they were related!

At any rate it's a small commune and as an employer of half a dozen people the workshop owner is a local big cheese. I wouldn't win any kind of fight with him unless the law was completely and clearly on my side, and even then the aggro wouldn't be worth it.

I hadn't realised that a chemin rural could be private, unless it had been bought up, but wouldn't it then cease to be one? It is clearly marked as a chemin rural on maps. Good point to check though.

I think I'll take the approach you suggest and see if the commune will act as a matter of goodwill, and hope there's some money. All it might take is the digging of a small drainage ditch.

Thanks for your response.

[Chancer]

Be aware that most Maires wont do anything, and will tell you so, in the 6 month run up to the local elections, they are damned if they do and damned if they dont, siding with either party will lose them votes and so nothing ever gets done for 6 months of their mandate, over a year if you include all the July and Augusts.

[ventodue]

[quote user="JandM"]Anyone know anything about chemins rurals? <snip>[/quote]

Have a look here, James.  It's from the on-line advisory site for local élu(e)s, put up by the Caisse des Dépots - so it should be reliable:

http://www.mairieconseils.net/cs/ContentServer?pagename=Mairie-conseils/MCQuestRep/FicheReponse&cid=1250265951121

The first para says most - my underlining:

"Les chemins ruraux sont les chemins appartenant aux communes, affectés à l'usage du public, qui n'ont pas été classés comme voies communales (code rural et de la pêche maritime, art. L.161-1). Ils appartiennent au domaine privé de la commune et leur entretien ne figure pas au nombre des travaux constituant une dépense obligatoire pour les communes. Le Maire est pour sa part, chargé de la police et de la conservation de ces chemins (art. L.161-5)."

So, first off, you need to establish whether or not your chemin is, or isn't, a voie communale. For that, there's some info here, for example:

http://www.bagnolsenforet.fr/pdfdivers/voiecommunale.pdf

... which leads us to the 'Real Thing, namely:

http://www.legifrance.gouv.fr/affichCode.do;jsessionid=D607C1CD6C96290FB4C666A266AE8BBF.tpdjo03v_1?idSectionTA=LEGISCTA000006149505&cidTexte=LEGITEXT000006070667&dateTexte=20080505

... which, in Article L141-3, states that:

"Le classement et le déclassement des voies communales sont prononcés par le conseil municipal."

So a visit to the Mairie would seem to be in order ...[:D]

HTH

Craig

 

[JandM]

Thanks Craig,

This is really helpful. A lot to digest, but the main point is pretty clear: the commune isn't required to do anything. Knowing that is a big help in tailoring my approach.

This info has also made it clear that the road is a chemin rural and not a voie communale. Once it gets past the turnoff to our house, the chemin plunges into a wood, and has huge trees growing up through it - retaining side walls still in situ.

Thanks again.

James