Chemin d'exploitation

[saddie]

Walking locally we were directed by a hand written notice towards a "sentier pedestre". After we completed a very pleasant walk I checked with a local map and found the path described as a "chemin d'exploitation". It was not possible for tractors to drive the length of this path as there were low trees etc. So what is a chemin d'exploitation, can we walk them freely? There are a good number marked on the maps and they look interesting for walks.

[chris pp]

I think that it's usually a chemin for specific uses only, in this instance it may be only for use when trees are being cut down and access is required to remove the wood, so not a public or even a general "route" and quite possibly only used every 20 to 40 years and only for the required purpose.

Strictly speaking it's doubtful that you can legally walk on them, but much would depend on the land owners attitude.

Chris

[saddie]

I can understand the logic of your reply. However, it seems strange that such infrequently used routes should feature on the série bleue maps. Surely routes used for collecting coppicing etc would be known to the owners? How are walkable routes other than GR etc shown on maps?

[Will]

A 'chemin d'exploitation' translates as a 'cart track'. This is what a notaire web site says, with an automatic translation below.

 

LES CHEMINS D’EXPLOITATION

Le chemin d’exploitation est défini par le Code Rural comme une voie qui sert exclusivement à la communication de diverses parcelles ou à leur exploitation.
Ce n’est pas une servitude de passage, même s’il permet la desserte de plusieurs parcelles.
Son existence résulte de la configuration des lieux, et non des titres de propriété.
Si la parcelle que vous avez acquise est bordée par un chemin d’exploitation, il en résulte les conséquences suivantes :
- vous êtes propriétaires de votre parcelle,
- mais la voie qui la longe est réservée à l’usage commun de tous ses utilisateurs.
Par suite de cette communauté de “jouissance”, ou d’ utilisation :
- l’entretien du chemin doit se faire en fonction de l’utilité que chacun en retire,
- le chemin d’exploitation ne peut être supprimé qu’avec l’accord unanime de tous les utilisateurs, même si ce chemin est devenu inutile ou s’il n’est plus entretenu.
Le passage ne peut disparaître par le non-usage.

FARM CART TRACKS

The farm cart track is defined by the Rural Code as a way which is used exclusively for the communication of various pieces or their exploitation.
It is not a right of way, even if it allows the service road of several pieces.
Its existence results from, and not the document of title layout of the premises.
If the piece which you acquired is bordered by a farm cart track, it results the following consequences from them:
- you are owners of your piece,
- but the way which it longe is reserved for the common use of all its users.
In consequence of this community of “pleasure”, or use:
- the maintenance of the way must be made according to the utility that each one withdraws some,
- the farm cart track can be removed only with the unanimous agreement of all the users, even if this way became useless or if it is not maintained any more.
The passage cannot disappear by disuse.

 

[The Riff-Raff Element]

[quote user="saddie"]I can understand the logic of your reply. However, it seems strange that such infrequently used routes should feature on the série bleue maps. Surely routes used for collecting coppicing etc would be known to the owners? How are walkable routes other than GR etc shown on maps?[/quote]

I think they feature mostly because they are features, if you see what I mean. A farmer friend of mine, whose land is traversed by many tracks, told me that he has no concerns with people walking these tracks, provided they do no damage to crops, etc, and no actual right to stop them, even where the route is marked "voie privée." On the other hand, he is under no obligation (as they are not rights of way) to maintain the tracks in anyway that does not suit his own use.

I have taken his word for this (just because someone is a native of a country does not mean that they know all the rules - certainly I didn't when living in the UK) and walk any path marked on a map that looks interesting. So far I have encountered no difficulties. Landowners don't have anything like the same rights to keep people off their land in France as they do in the UK. This is because as of 1789 they didn't form such a great part of the ruling class...