Servitude and legal access?

[Jonzjob]

I have a vague memory of there being a thread about legal access for essential work and having to use the servitude? But I just can't find it. Any ideas please?

Or, as some of you know, we are selling our house and we are trying to find the legal document that describes the access on a servitude. Our situation is that we have a fosse septique and the only access is to park the honey bucket (Smelly truck) on the servitude that rune alongside our garden and near to the fosse. The neighbour who ownes the servitude is about a friendly as a cornered rat and that's being unkind to the rat! The last time the fosse was emptied it was a different neighbour who was a friend, so no problem then, but if a truck was to appear on siad servitude the idiot would go balistic unless he was forced not to by a bit of legal paper.

Does anyone know when I can find that document please?

[AnOther]

Do you actually mean 'Servitude' or is it just a term you've coined ?

A Servitude is a legally defined access way which specified persons (and their heirs or authorised agents) have a permanent right to use without hindrance.

Is it actually a Servitude then and if so and you don't know who has rights then your Mairie would be the first port of call to find out.

[Patf]

All I know about it is that it's more complicated than you think.

https://fr.wikipedia.org/wiki/Servitude_(droit_fran%C3%A7ais)

Friends here have what they call a servitude running through their land . Whenever someone else comes along this chemin  B. shouts and yells and shakes his fist at them. It's only a few metres away from where they sit outside.

They say this 'right of passage' isn't mentioned in their deeds. But perhaps they should have questioned it before they bought the house.

ps and as to where to find that 'document', it should be mentioned in your 'deeds' ie the Acte de Vente.

[alittlebitfrench]

Not necessarily AnOther.

A servitude can exist where there has been agreement between previous owners and has become legally binding over time.

[andyh4]

As Pat says this may be on the Acte de Vente or the compromise de vente. However, since this is your neighbour's land, it may be that it is mentioned on his documents but not necessarily on yours. As Pat says, "complicated".

[alittlebitfrench]

There is an 80 year old farmer (nice bloke) in my 'OH'alf's' village that makes a point of walking down a path which basically runs alongside/inside someone elses garden. Over the years the owner of the house has decided to claim the path as their own and gets really annoyed when the farmer passes through.

He does not care because he has been using this path for nearly 80 years long before they were born.

He is right.

[idun]

As suggested it should be clearly noted on your Acte de Vente.

[Jonzjob]

We have found the easy way to sort the question this evening at the notaires when we signed a million times for the Comprimi de Vent, or what ever the hell it's called,. We asked him and he gave us the answer that the 'servitude' (yes, that is exactly what it is and not a word I took from a pack of guessing cards) has to allow for essential maintainance such as emptying fosses.

So ta for the replys folks, problem solved. I hope, but then after we have moved it ain't our problem any more.

[Chancer]

Unless I have misread your initial posting I believe that you have misunderstood the use of the word "servitude" it does not mean the physical access lane or track but rather the right of someone else to use it, the legalese written in the acte de vente concerning it is called the servitude, Albofs 80 year old neighbour would be using his servitude (exercising his right) by walking along the path.

 

Can someone remind me what the equivalent term is in English as like so many other words and phrases its use it or lose it.

[Cendrillon]

"Legal access" springs to mind but I don't think that's legal speak.

[nomoss]

Right of way?

[Chancer]

Got it!

 

At least I think I have.

 

A covenant was entered onto the deeds.

 

Its words in English that I struggle for now, in speech I have to work around and I sound just like I did when first speaking French, then usually the word, like covenant comes to me later.

 

Another thing, if I ask the person who i am talking to how to say something in English using synonyms for the word I am seeking it usually puts them on the spot and they cannot find it either, same thing happens talking French to a native speaker and seemingly today asking on a forum [:D]

[Chancer]

So a servitude is either the right of access or the covenant that specifies it, for me it is the latter, it definitely is not the road/lane/footpath itself.

 

Happy to be corrected.

[parsnips]

Hi,

      If there is a servitude in the house papers you are on firm ground, but you should discuss with the neighbour before getting the sh*t wagon on his ground.   Even if there is no servitude , if it is the only access for essential work , and your neighbour refuses access, you can ask him for access under the so-called tour d'echelle and if refused, go to court.; see here;

https://www.service-public.fr/particuliers/vosdroits/F67