Drive way

[johnycarper]

Can anyone advise what the law is if you use a drive that is owned by another person but you have legal use of the drive.The access to our property is down a long drive and this is owned by a local man who is refusing to maintain it,it is in bad need of repair.We do not want to get into legal battles but i would like to know where we stand with the law and if the mayor should get involved as he does not seem interested.

Thanks.

[Boiling a frog]

Art 697 of the civil code states that it is the person who benefits from the right of way who must maintain it at their expense unless there is something contrary to that in the agreement drawn up establishing the right of way.

Best to consult your Notaire

[Val_2]

This is a private matter and does not concern the maire nor the commune, only if commune land or property is involved. The onus is onyou to insist the owner maintain the driveway in a good condition, he cannot stop you access in any way or form. I suggest you  write him a letter and send by AR. If nothing happens then , consult an avocat to do a letter for you which will cost about €120 TTC but could frighten him. Otherwise you repair the driveway at your own expense and to be honest if it is not tarmac, whynot just put some gravel down as its cheap from a quarry.

[idun]

We were sort of in the opposite situation. I lived on a private lottisment where there was the right of way to another building. We kept this small road in good order and had just had it resurfaced, when the building was converted into flats. When it was in need of further maintenance we were going to ask the owner of the these appts to help towards maintenance costs, as there were more people from the new appts using the chemin, than there were house holders on the estate.

 

As far as I was aware, we would have been able to do just that.

 

So if you want it maintaining, you may end up with a bill. Also, there are some terrible terrible roads in France, a friend lives on an unmaintained D road. And in a very nice part of a local city, on the mountain side, the small roads between the houses are tracks and full of pot holes, and these homes have always been very expensive.

 

IMO nothing to do with the Maire, between you and the owner of this driveway and if you say you'll help towards costs, then maybe they'll get it done.

[cooperlola]

As Idun point out, much depends upon who is the heavier user and, iirc, you run a business, so it may well be that the owner could claim, as Idun and her neighbours did, that you benefit more than he does.  For sure, I would see a notaire.