Gardian Posted August 1, 2011 Share Posted August 1, 2011 This is on behalf of some friends who own a residence secondaire not far from us.Their property is accessed from the main road by a small bridge which crosses a little stream. When I say a small bridge, I'm talking about a slab of concrete about 3m x 2m x 60cms thick: fine for cars or maybe a transit van to cross, but nothing much heavier. There are no weight restriction signs.This 'bridge' also provides access to several other properties, with a track which passes along the northern boundary of our friend's property. From the deeds which they've sent me this morning to translate, the other owners have servitude to their properties over the bridge and along the track. This is not in dispute.One of their neighbours, who have recently bought the house, are significantly extending the property and there have been heavy lorries crossing the bridge to deliver materials. Apparently the bridge has been quite badly damaged and will require repair or (probably) replacement. Our friends have asked me for advice.The section on servitude in their deeds says "Le proprietaire de la parcelle (the neighbours) fond dominant (what exactly does that mean?) pourra a toute heure et avec tout vehicule sur la parcelle (of our friends) fonds servant. I take that to mean that his neighbour has access at any time of the day or night with any vehicle. This seems to me to be reasonable and well-intentioned, but probably wasn't intended to cover 20 tons of lorry!Quite frankly, I think that our friends are on dodgy ground. No doubt that there are laws covering damage to someone else's property, but you start to get in to expensive and lengthy legalities. Instinctively, my advice is for them to try to come to some amicable agreement over recompense.However, can anybody help with the 'letter of the law' over damage in a situation like this? Any ideas much appreciated. Link to comment Share on other sites More sharing options...
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