What Rights Does Owner B Have Regarding the Use of the Driveway and Maintenance of the Land in France?

Question from Joel, What Rights Does Owner B Have Regarding the Use of the Driveway and Maintenance of the Land in France?

Answer from AI:

Understanding the Concept of Servitude in French Law

In French law, the situation described can be related to the concept of “servitude”. A servitude is a burden imposed on a property, for the use and utility of another property belonging to a different owner. This can include rights of way, such as the use of a driveway. Servitudes can be established by a contract, a will, or by continuous use over a certain period of time.

Establishing Servitude through Continuous Use

In this case, Owner B has been using the driveway and maintaining the land for a significant period of time. According to Article 690 of the French Civil Code, a servitude can be acquired by enjoyment over a period of thirty years. This is known as a “prescriptive easement”. However, the continuous use must be “peaceful, public, and unequivocal”.

Oral Agreements and Servitudes

The oral agreements made between the owners could potentially be considered as evidence of the servitude. However, oral agreements can be difficult to prove in court. It would be beneficial for Owner B to have some form of written evidence of the agreement.

Possible Remedies for Owner B

If Owner B can establish that a servitude exists, they may be able to prevent Owner D from taking back the entire 600 m2. This could potentially involve going to court.

However, it’s important to note that this is a complex legal issue and the outcome will depend on the specific circumstances of the case. Owner B should consult with a legal professional for personalized advice.

Resources

• For more information on servitudes in French law, you can refer to the French Civil Code.
• For legal advice, consider contacting a legal professional in France.