Having mastered the fundamental concepts of real estate easements and the specific issues surrounding rural easements, this final part of our series guides you through the precise and systematic verification of easements encumbering a rural property prior to purchase. Neglecting this critical phase can lead to costly surprises, long-lasting disputes and unforeseen depreciation of the property. Conversely, a rigorous, methodical approach will enable you to identify all the existing encumbrances, measure their real impact and negotiate the purchase price with full knowledge of the facts. This article summarises the major risks associated with unverified easements, the essential documents to consult, the central role of the notary and the additional steps that buyers can take to maximise the security of their rural property investment.
A rural property encumbered by unidentified easements may present drastic restrictions on use, calling into question the proposed acquisition. A right of way running through a building plot prevents buildings from being erected in that area. An underground aqueduct easement restricts planting and prohibits excavations that could damage the pipeline. A proximity easement linked to a neighbouring farm restricts construction or extension projects.
These restrictions on use can transform a plot of land presented as suitable for building into a property of little interest for the project envisaged. Buyers who discover after the sale that they cannot erect the planned farm building, or that the land cannot be converted into recreational areas, find themselves with a property that is unsuited to their professional and property ambitions.
What's more, some easements impose recurring and costly maintenance obligations. Maintaining a right of way (clearing undergrowth, repairing the road, clearing snow), a drainage easement (cleaning drains, inspecting pipes) or an aqueduct easement can generate substantial annual expenses that the purchaser never anticipated.
The financial impact of an improperly valued easement can be considerable. A passive easement encumbering a property generally produces a depreciation in value, the extent of which varies according to the nature and intensity of the encumbrance.
A right of way across an agricultural parcel can reduce its value by 10 to 30%, depending on the length and intensity of the right of way. A plot of land presented as suitable for building but with an easement prohibiting all construction may be subject to a discount of 30 to 50% or more. A property close to an intensive agricultural operation (particularly pig farms) will see its value substantially reduced compared with comparable properties in less constrained areas.
A buyer who pays full price for the property without taking these easements into account suffers an immediate and lasting financial loss. At the time of subsequent resale, this discount linked to the easements will again be a disadvantage, limiting the chances of finding an interested buyer.
Over and above these discounts, unforeseen maintenance costs and the modification work required to adapt the property to the easements imposed represent additional investments. If a pipe has to be relocated or a right of way redeveloped, these operations, which are billed by professional service providers, can quickly become costly.
The most serious legal risk concerns hidden easements not declared by the vendor. In accordance with article 1638 of the French Civil Code, the seller has a strict responsibility: he or she must declare all hidden easements encumbering the property sold. Failure to comply with this obligation exposes the seller to severe penalties.
A buyer who discovers an undeclared easement after the sale may bring an action under the warranty for hidden defects. Depending on the seriousness of the easement, the buyer may seek either complete rescission of the sale or compensation to cover the loss suffered. The courts consider an easement to be of major importance if it substantially affects the normal use of the property or compromises the proposed acquisition.
What's more, a concealed easement generates foreseeable neighbour disputes. When a neighbour starts to exercise a right of way or pipe that the purchaser was unaware of, tensions immediately arise. Disagreements over how the right is exercised (width of path, hours of use, annual compensation), if not resolved through negotiation, lead to lengthy and costly legal proceedings. The benefits of litigation are uncertain, as the legal and expert fees are considerable.
The "prise en état" clause, once considered to protect the vendor, is no longer sufficient to exonerate the vendor from liability for unseen easements. Recent case law clearly states that the vendor can only escape his obligation to declare if he has expressly and precisely informed the purchaser of the existence of the easement.
The first essential step is to examine the title deeds and the chain of previous deeds. The title deeds include a dedicated section entitled "charges and conditions" or "easements", listing all the conventional easements encumbering the property. These entries, renewed each time ownership is transferred, create a permanent record.
To carry out this examination effectively, it is advisable to go back at least 30 years in the history of the property, which is the time required for certain easements to be acquired by prescription. Starting with the current title, the references of previous deeds appear in the "origins of ownership" section. By consulting these deeds in succession, you can reconstruct the complete history of the easements affecting the property.
However, this approach has one limitation: it only reveals easements that have been published with the Land Registry. Unpublished conventional easements, although still valid between the original parties, may not appear in the titles.
The Service de la publicité foncière (formerly the Conservation des hypothèques), administered by the Direction générale des finances publiques, is the central register for all deeds and encumbrances on buildings. Any contractual easement created by notarial deed must be published there in order to be enforceable against successive purchasers.
There are several ways of consulting the Land Registry Service. Notaries have online access via their internal IT systems. Private individuals can obtain a "mortgage statement" or a "property register" by sending a request directly to the relevant department, providing the cadastral reference of the property or the names of the successive owners. This request is usually made by registered post or in person. The time taken to obtain the document varies from a few days to a few weeks.
The document provided lists all public charges: mortgages, liens, published easements. This consultation represents a modest investment (generally free or at a very low cost) for major legal security.
The land register, administered by the Directorate-General of Public Finances, provides a detailed graphic map of plots of land, showing their boundaries, dimensions and location. It provides a precise view of the plot of land you are interested in, its neighbours and its configuration.
However, a crucial limitation of the cadastral map is that it does NOT mention private easements, or their basis. The cadastral map has fiscal but not legal value. The land register may indicate the existence of a road crossing a property (in the form of a dotted line or a line of a different colour), which raises the question of the possible existence of an easement of passage, but it never certifies the legal existence of this easement.
Consulting the land register is still useful, however, as it reveals any apparent public utility easements (power lines, water networks) and makes it easier to identify neighbouring plots that may be subject to easements. Consultation is free of charge at the town hall or on cadastre.gouv.fr.
The town planning certificate, which can be obtained free of charge from the town hall, is an administrative document revealing the restrictions on property rights imposed by town planning regulations and public utility easements. There are two types of certificate:
The certificate includes a section dedicated to public easements, listing power lines, pipeline networks, protected areas, protected agricultural areas, historic monuments and protected sectors. This information is of crucial importance, particularly in rural areas where agricultural or environmental protection easements are common.
Obtaining a planning certificate is of major temporal importance: once issued, it freezes the applicable rules for 18 months. If the purchaser applies for planning permission within this period, the authorities cannot impose more restrictive rules that have come into force between the date of the certificate and the date of the planning permission (except in the interests of public health and safety). This temporary stability provides valuable security.
You can apply for a certificate at the town hall, either online or by registered post, using Cerfa form no. 13410. It takes one month to obtain the information certificate and two months for the operational certificate.
The Local Urban Planning Scheme (PLU), a binding urban planning document governing the development of the municipal territory, must append a list of public utility easements (SUP) applicable to the area. Although the PLU regulates land use by zone (urban zones, urban development zones, agricultural zones, forestry zones), it also defines protected agricultural zones and protected sectors, and lists environmental, heritage and safety easements.
Easements relevant to rural areas include:
The PLU and its appended easements can be consulted free of charge at the town hall or on the Géoportail de l'urbanisme, a centralised national portal that is gradually disseminating town planning documents from all French municipalities.
Although distinct from easements in the strict sense of the term, a statement of risks and pollution must be provided by the vendor. This document provides information on the presence of natural (flooding, landslides, earthquakes), technological or mining risks likely to affect the property. Certain easements related to these risks are also mentioned (flood zones, landslide zones, pre-emption sectors).
The notary appointed to handle the sale assumes the major responsibility of verifying the existence and validity of all easements encumbering the property. This verification mission has a strong contractual and ethical dimension, engaging the notary's professional liability in the event of omission.
The steps involved in this audit include :
In accordance with the provisions of the Civil Code and established case law, the notary has a legal obligation to provide information to the parties. All identified easements must be explicitly mentioned in the deed of sale, whether they are active or passive, apparent or hidden.
This statement must be precise and complete: nature of the easement (passage, aqueduct, drainage, etc.), exact basis (parts of the property concerned), beneficiary (identity of the dominant land or third party beneficiary), terms and conditions of exercise, compensation where applicable. A simple statement that is vague or incomplete does not meet the legal requirement.
The notary must also advise the buyer on the consequences of each easement: impact on building possibilities, maintenance obligations, foreseeable financial costs. This informed advice enables the buyer to make an informed decision with full knowledge of the facts.
Case law has consistently held that the omission of an easement, particularly if it is a decisive factor in the purchase, gives rise to professional civil liability on the part of the notary. A purchaser who has been deceived may be entitled to compensation for the loss suffered: loss of value of the property, costs of correcting the easement, damages for disturbance of enjoyment.
The courts have ordered notaries to compensate purchasers for failing to detect an intensive right of way, omitting to mention a pipe easement requiring costly work, and failing to mention a farming easement affecting the value of the property.
This responsibility explains why notaries are generally vigilant and conscientious in their search for easements. However, this vigilance is never 100% infallible, particularly in the case of unpublished easements or old easements where traces may be tenuous.
Although the notaire carries out exhaustive administrative checks, the buyer also has personal responsibilities. A thorough inspection of the property can identify any apparent easements that official documents do not always reveal.
During this visit, the buyer must carefully observe :
It is advisable to make several visits at different times (day/week, morning/evening, different seasons) to observe actual usage. The evening visit can reveal the farm machinery traffic that is invisible during the day. The winter visit can show the hydrology of the land and areas subject to water accumulation or drainage.
The photographs and surveys taken during these visits constitute useful objective documentation in the event of subsequent disputes.
Neighbours are often a valuable source of informal information about the actual use of the property and the existence of easements. A neighbour with a right of way will regularly use the road and will be aware of his rights. A neighbouring farmer will be aware of the existence of water easements affecting neighbouring properties.
However, a major limitation of the neighbourhood survey is that it has no legal value. Information gathered orally does not constitute valid evidence in the event of a dispute. What's more, neighbours may omit or conceal information, particularly if an easement in their favour restricts the buyer's rights.
The neighbourhood survey is nevertheless useful for verifying official information and identifying possible easements worthy of further administrative investigation.
The town hall planning department can provide additional information that goes beyond the simple planning certificate. They are often familiar with specific local issues, such as future development projects likely to create new easements, historical disputes between property owners, and intensive agricultural areas with foreseeable nuisances.
A visit to the town hall will also allow you to consult the Local Planning Scheme, the appendices listing the public utility easements, and possibly photocopy the complete file on the property.
For large or complex acquisitions of rural properties, the services of a specialist surveyor are a wise investment. The surveyor will :
Although costly (generally between €1,500 and €5,000, depending on the complexity), this audit provides professional, enforceable and reliable technical documentation, constituting an additional guarantee.
For agricultural or forestry acquisitions, the Chamber of Agriculture and the Société d'aménagement foncier et d'établissement rural (SAFER) can provide expert advice on easements specific to the local agricultural context, actual operating conditions and future prospects for the development or restructuring of neighbouring farms.
From the outset of negotiations, the buyer should expressly request a written list of all easements encumbering the property. This explicit request creates a legal obligation for the seller to draw up a complete and accurate inventory.
To reinforce this requirement, the purchaser must ask :
Any vagueness or evasiveness on the part of the seller should arouse vigilance and prompt the buyer to ask his advisers to carry out a thorough check.
The discovery of an easement does not automatically mean that the project is abandoned. The real consequences must be accurately assessed:
This accurate valuation enables the purchase price to be negotiated on the basis of factual information. An easement must not be ignored when setting the price: it must result in a reduction commensurate with the loss suffered.
If, during the negotiations, the buyer obtains a modification or partial removal of an easement, this modification must be the subject of a notarial deed, published in the Land Registry. A simple verbal promise or private agreement is ineffective and will have no legal effect.
In addition, the buyer must ensure that all relevant conditions precedent are included in the preliminary contract (compromis or promesse de vente). A suspensive clause relating to the verification of easements allows the buyer to withdraw from the purchase if major, undeclared easements arise during the verification.
Checking easements should never be left to chance or improvised vigilance. The buyer must surround himself with a competent professional team:
The cost of this professional support represents a minimal investment compared with the financial and legal risks avoided.
| Document | Source | Revealed easements | Cost | Deadline | Mandatory |
|---|---|---|---|---|---|
| Title deeds | Seller/Notary | Published conventional easements | Free | Immediate | YES |
| Service publicité foncière | Tax department | All published easements | 0-30€ | 1-2 weeks | YES |
| Register | Town hall / cadastre.gouv.fr | Apparent easements (indirect) | Free | Immediate | YES |
| Planning certificate | Town hall | Public utility easements | Free | 1-2 months | Recommended |
| Plan Local d'Urbanisme | Town hall / Géoportail | Public utility easements | Free | Immediate | YES |
| Risk assessment | Vendor/City Hall | Risk-related easements | Free | Variable | YES |
| Chartered surveyor | Mandated professional | Complete easement audit | 1500-5000€ | 2-4 weeks | Strongly recommended |
| Visit of the ground | Buyer | Apparent easements | Free | At will | YES |
Rigorous verification of easements prior to the purchase of a rural property is the foundation of a secure and profitable transaction. The three articles in this series have gradually built up the necessary understanding: from the fundamental concepts of easements to their specific application in rural areas, right through to practical methods of checking and securing easements.
The risks associated with negligence are major: unsuspected limitations on use, depreciation in value, unforeseeable maintenance costs, lasting disputes with neighbours. Conversely, a methodical, documented and professional approach enables you to identify all the charges, measure their impact precisely and negotiate the purchase price with full knowledge of the facts.
Pour les acquéreurs de propriétés rurales, le message clé demeure : mieux vaut anticiper qu'ignorer. Investir du temps et des ressources dans la vérification des servitudes avant la signature représente un investissement protecteur contre les mauvaises surprises.
To extend your understanding of rural property and help you with your purchase project, take a look at all the resources available on Ma-Propriété.fr. Our platform offers comprehensive guides on every stage of the rural property buying process. Discover our complete guide to buying a farm and explore the other articles on the Ma-Propriété blog to find out more about every aspect of your rural property project.
