Buying one of the commune's trackways

[Araucaria]

The plot on which our house here is built is triangular. On the short side of the triangle is a public road that is regularly used. On the long side is a field belonging to the man who sold us the plot. On the slightly shorter (third) side is a trackway belonging to the commune. It leads to a steep hillside that is wooded and which also belongs to the man who sold us the plot.

The cadastral plan shows that this trackway goes about 10 meters into that wood (belonging to the previous owner) and then stops. The previous owner has other ways of access to these woods through the fields he still owns.

We have a problem with straying farm animals. Two or three times a year a herd of cows gets loose and wanders around (different herds) and just last week our neighbour's donkeys went for a midnight stroll. They come into our property along the trackway - there isn't a fence between us and the track. In 2007 we had a cow in our swimming pool (fortunately just the one, the rest of the herd being non-swimmers). It came straight back out, but it wrecked the security cover - the farmer's insurance paid for a new one.

We'd really like to put a gate across the end of the trackway where it joins the public road, and keep the cows/donkeys/horses out of our garden. It would be much easier and much less ugly than putting a long fence along the side of the trackway. It would also help the local farmers by reducing the chance of another insurance claim against them. The trackway is used a couple of times a year by our nextdoor neighbour, who drives a tractor down and cuts timber in his woods, which lie beyond the ex-owner's woods. In doing so he is relying on the ex-owners goodwill in not fencing off his end of the track, as, if our neighbour has any rights further on down the hill, they are those traditionally acquired ones. He has other ways of getting to his part of the woods, but in any event we wouldn't want to stop him driving through. It's not a problem for us. Almost no-one else ever goes along the trackway - an occasional rambler (also welcome to continue doing so).

I hope this rather rambling explanation makes sense.

When we bought the property the previous owner said we should be able to buy the trackway from the commune for a token amount.

First question - does anyone think this is likely or unlikely?

Second question - would there be some way of making the offer to buy, that might improve our chance of success - for example, by establishing a continuing right of way through the trackway for all and sundry (but we'd still keep the gate shut when the right of way wasn't being used)?

Third question - should we just ask the Maire (a nice man and another neighbour) whether we can put a gate up without going through any tedious formalities?

I feel sure others must have had similar experiences and I'd like to hear about them.

[Gastines]

A friend locally,by The Rance, has a very similar problem. A track owned by the Commune and leading into a wood which he owns. It seems the original track was to allow for wood to be transported to the road and then the Commune bought it to allow locals to walk to the wood. The chap has had a nightmare dealing with various Notaires,lawyers and Commune departments for the last 2 years,also incurring quite a few thousand in costs with, as yet, no outcome. An initial enquiry to your Maire might give you an idea of the outcome.

Regards.

[Suze01]

I am a Conseillère Municipal and we have had a few circumstances like yours.  Simply write a letter to the Mairie explaining the circumstances and that you would like to buy the plot.  I would not put any financial offers on the table and let them discuss and decide a figure if they are open to sell as has happened in our commune.

[Araucaria]

Thanks for the advice.

I spoke to the maire today (as I mentioned, he is a close neighbour).

He said that the previous owner had asked to buy the trackway five or so years ago (that is, shortly before we bought the house). The request had been refused: the commune doesn't like selling its byways. We weren't very surprised to hear this.

On the other hand, he said we should feel free to put a gate up: just check first with the man who drives his tractor down once a year.

A helpful solution.