Rights of Access. Providing a firm surface for traffic.

[jimD]

A neighbouring farmer has acccess rights across  the back of our property.Till now traffic was only occasional and there was little effect on  the grass surface of our back garden Now he is at the final stage of converting unused buildings long empty for rental, and contractors'  traffic is causing deep and wide muddy ruts. When let to the new occupant there likely will be daily traffic to their  parking area.

I would be grateful for advice on who is responsible for providing a more suitable surface,

[Tony F Dordogne]

Hi Jim, I would have thought that you should seek professional legal advice - anything you're told here would be anecdotal or from personal experience and for a such a complex issue, your circumstances may not be the same as other cases.

[Patf]

You could also ask at the Mairie, who does the chemin belong to? If it's a communal lane then the commune is responsible for its upkeep. The farmer must have had to seek planning permission, and arrange for water, electric etc services. It does sound as if you may have left it rather late to express you concerns. We had an identical situation at our last house and three of us neighbours were able to stop the farmer using the lane for access.

 

[Clair]

Our neighbour has right of access over a private path within our property to reach a small patch of land.

Having checked the wording in the titre de propriété, I see the land OWNER is specifically named as having right of access and if I found myself in similar circumstances as jimD, I would be able to contest access by any other person.

[AnOther]

I too have servitude (why so many different terms for a Right of Way [8-)]) at the edge of my property for vehicular access to woodlands and the situation is very much as Clair's.

It is specific for 3 individual land owners to collect wood and they are responsible for making good any damage caused to it by their use.

I couldn't say if this was the norm or not.