Having mastered the fundamental concepts of real estate easements, it is essential to understand the specific easements that characterise the rural environment. Rural properties, whether agricultural, forestry, equestrian or landed, present particular challenges in terms of easements. Unlike urban areas, rural properties have to deal with realities such as isolation, water management, neighbouring farms and the need to access plots. These rural easements, which are often unknown to purchasers, can have a considerable impact on the use of the property and its economic profitability. This article takes a closer look at the three main categories of rural easement: the right of way for landlocked properties, water and drainage easements, and proximity easements imposed by neighbouring farms.
In rural areas, isolation is a major problem affecting the value and usability of land. An enclave is defined as a parcel of land that has no access to a public road, or access that is insufficient for agricultural, industrial or commercial use, or for building work. Aware of these issues, articles 682 to 685-1 of the French Civil Code introduced a legal right of way enabling owners of land in an enclave to claim the right to cross neighbouring properties in order to access the public highway.
This legal easement operates automatically as soon as the legal conditions are met: the absence of access or the inadequacy of existing access. The owner of the enclosed land therefore has no need to negotiate with his neighbours or obtain their agreement. It is a right that is binding on the owners of the servient land, who may not refuse it, although they may challenge the landlocked status before the court if particular circumstances so require.
Article 682 of the Civil Code states that a landlocked owner "is entitled to claim a right of way over his neighbours' land that is sufficient to ensure full access to his land, subject to payment of compensation proportionate to the damage it may cause". This wording indicates that the right of way must be genuinely effective in order to allow optimum use of the enclosed land. Thus, a passage that simply provides pedestrian access would not be considered sufficient if the land is to be farmed or if buildings are to be erected: the passage must be suitable for the vehicles and machinery required for the planned operation.
There are several ways of determining whether a plot of land is truly enclosed. The physical configuration of the site is the main criterion: if all the property boundaries are inaccessible, or if the existing access is too steep, too narrow or impassable, landlocked status can be recognised. Legal constraints also play a role: if access to the public highway technically exists but is prevented by a legal obstacle (pre-existing easement, municipal by-law, protected area), the property may be considered landlocked. Lastly, the cost of the work required to create an access is a criterion for assessment: if the installation of a viable access would be disproportionately expensive, the land may be considered landlocked.
Once the landlocked status has been recognised and the right of way established, precise rules govern the exercise of this right. Article 683 of the Civil Code states that "the right of way must regularly be taken on the side where the path is shortest from the enclosed land to the public highway. Nevertheless, it must be fixed in the place least harmful to the person on whose land it is granted". This apparently contradictory wording actually strikes a balance between the interests of the two parties: the right of way must follow the most direct route, but its exact route must be laid out in such a way as to minimise damage to the servient land.
The width of the right of way is often the subject of dispute. Although the Civil Code does not impose any specific dimensions, case law generally sets a minimum width of three metres for a simple right of way. This width may be increased if the land in question is to be used by a large agricultural operation generating heavy machinery traffic, in which case a width of four to five metres or more may be recognised. The route of the right of way is also a major issue: it must avoid the most fertile areas, buildings or facilities on the land being used, and if possible follow property boundaries rather than crossing the heart of the plot.
The question of compensation is of great financial importance. The compensation paid by the owner of the dominant land to the owner of the servient land must compensate for the loss actually suffered: loss of market value of the property, costs of maintaining the right of way, hindrance to farming or forestry, increased risk of vandalism or accidents. This compensation may take the form of an annual payment or a one-off lump sum. The amount varies considerably depending on the circumstances: a crossing through a little-used agricultural area generally generates only modest compensation, whereas a crossing through building land or an intensive livestock farming area can generate substantial compensation.
The legal right of way for landlocked properties only applies if the lack of access or inadequate access is unintentional and not attributable to the owner himself. If an owner has voluntarily created an enclave by dividing his or her property, the legal easement may be refused, in accordance with article 684 of the Civil Code: "If the enclave results from the division of land following a sale, exchange, division or any other contract, passage may only be requested over the land that was the subject of these acts".
For land that is difficult to access but does not fall within the strict definition of landlocked, a conventional right of way must be established by agreement between the owners. This easement must be drawn up in the form of a notarial deed, as signatures between neighbours are not sufficient to be enforceable against third parties. The advantage of this approach is contractual freedom: the parties can negotiate the exact conditions of the right of way, the width, the route, the terms of use and the amount of compensation.
A right of way should not be confused with a farm track, which is very common in rural areas. A farm road is a road that is commonly used by several owners to access and farm their plots of land. Unlike a right of way, which benefits a single dominant estate, a farm road creates a collective right for the use of several estates. Its legal status is different: it is a legal right created by mere existence and use, with no easement title required. However, modern case law tends to accept that a right of way and a farm track can coexist on the same road.
Water is a major feature of rural geography. The servitude of natural water drainage, governed by article 640 of the Civil Code, is the oldest and most fundamental servitude in property law. This article sets out a simple principle, but with complex implications: "the lower lands are subject to those that are higher to receive the water that flows naturally without the hand of man having contributed to it".
This easement operates automatically by virtue of the natural configuration of the site. The owner of the lower land can therefore neither oppose the natural flow of water nor build a structure to divert it to another property. Conversely, the owner of the upper property cannot artificially aggravate this easement by discharging additional volumes or artificially concentrating the flow of water.
This distinction between natural run-off and artificial aggravation frequently gives rise to disputes in the agricultural sector. Agricultural drainage works, which are essential for farming, do not constitute an aggravation of the natural easement as defined by case law. If a farmer carries out drainage work to clean up his land and direct the collected water towards a watercourse or a drainage channel, this work does not represent a violation of the easement of the lower land, provided that it does not have the effect of discharging an abnormally increased volume of water onto the lower land. The key concept remains: the flow of water must remain within the limits of natural conditions.
The aqueduct easement, governed by articles L. 152-14 et seq. of the French Rural Code, grants the right to run underground pipes for irrigation, water supply or drainage through neighbouring properties. This easement meets the specific needs of farming and water management in rural areas.
Article L. 152-14 of the French Rural Code states that "any owner who wishes to irrigate his land, or who needs water for industrial, domestic or agricultural purposes, may channel it through the intervening properties to the watercourse or spring he wishes to use, following the slope of the land and taking the shortest route. He may also channel water from his land to a watercourse or any other outlet.
This easement is generally established by agreement between owners, formalised by a notarial deed published in the Land Registry. The route must follow the most rational and direct path, while minimising damage to the land crossed. The compensation paid to the owner of the servient land must be "fair and prior", in the words of the Rural Code.
However, the aqueduct easement has significant limitations. It expressly excludes dwellings, courtyards, gardens and enclosures adjoining dwellings. The purpose of this exclusion is to protect the privacy of the home and to prevent the pipes from crossing the living areas of the properties crossed. The existence of an aqueduct easement also requires the owner of the land crossed to allow access to irrigation technicians for maintenance or repair work.
As a complement to the aqueduct easement, the drainage easement, governed by articles L. 152-20 to L. 152-23 of the French Rural Code, enables the owner of a property to allow drainage water to flow through neighbouring properties to a watercourse or other drainage channel. It plays an essential role in the drainage of agricultural land.
Article L. 152-20 of the French Rural Code states that "any owner who wishes to rehabilitate his land by drainage or by another method of drainage may, in return for fair and prior compensation, conduct the water underground or over open ground through the properties separating this land from a watercourse or any other drainage channel". This broad wording recognises the various methods of drainage (underground drainage, open ditches, etc.) and specifies that the route must follow the most direct path to a suitable waterway.
Like the aqueduct easement, the drainage easement excludes dwellings and inhabited areas. Drainage works cannot therefore cross the neighbour's house or pass immediately under his outbuildings. This protection responds to legitimate concerns about the stability of foundations and the hygiene of the dwelling.
The establishment of a drainage easement requires an agreement between the owners, formalised by a published notarial deed. The compensation agreed must reflect the damage suffered: perpetual easement encumbering the property, risk of damage to facilities on the servient land by drainage water, obligation to tolerate maintenance and repair work on the drains.
An important point to note: proof of the existence of a thirty-year drainage easement can be established by evidence of continuous use for thirty years. If drains have been visibly operating for this period without opposition from the owner of the land crossed, an easement may be recognised even without a written deed. This rule offers protection to the owner who has been using the land for a long time, but it also represents a risk for the purchaser who discovers post-purchase that old drains are operating on his or her property.
The easement to draw water, which is less formalised than the previous ones, allows an owner to use a spring, well or water source located on neighbouring land. This easement is generally established by agreement between the owners or by thirty-year usage. It requires regular access to the servient land, which is why it is often accompanied by a right of way.
All these water-related easements meet the essential needs of farming in rural areas. Their existence and the way in which they are exercised must be checked carefully when buying a rural property, as they can generate significant maintenance costs or complicate the future operation of the property. Visit Ma-Propriété.fr to discover our comprehensive resources on managing agricultural and rural land.
A specific dimension of rural property law concerns easements imposed by the proximity of farms. In recognition of the special nature of farming and the legitimate concerns of neighbours, the legislator introduced the principle of reciprocity, governed by article L. 111-3 of the French Rural Code.
This principle establishes compulsory distances between farm buildings and neighbouring dwellings. These distances vary according to the type of livestock farming practised, reflecting the intensity of the potential nuisance (odour, noise, flies) associated with each activity. The minimum distances imposed are :
Reciprocity is at the heart of this system: these same distances apply to new housing developments that wish to be built close to an existing farm. A farmer cannot therefore legally prohibit the construction of a dwelling 50 metres from his pig farm, unless the applicant owner agrees to reduce this distance or accepts a formal easement limiting the nuisance.
This reciprocity reflects a legislative balance: the law guarantees farmers room for manoeuvre to develop or modernise their farms, while allowing the gradual urbanisation of rural areas. It prevents farms from being progressively encircled by housing, creating unavoidable neighbourhood conflicts.
The principle of reciprocity is not absolute. The Rural Code provides for a number of possible derogations, allowing for adjustments to be made to suit local circumstances.
In urban areas, the Local Town Planning Scheme (PLU) may include provisions that derogate from the principle of reciprocity, allowing new farm buildings to be erected or existing farms to be extended at reduced distances from neighbouring dwellings. These derogations reflect the local land-use policy and the specific balance between agricultural and residential activity desired by the municipality.
The Chamber of Agriculture can also be involved in proposing special arrangements to take account of specific local features: hilly terrain, particular configuration of properties, or traditional farming practices adapted to the regional context. Its opinion may justify flexible implementation of the principle of reciprocity.
In addition to these legal or regulatory exemptions, owners can negotiate a conventional proximity easement directly with the neighbouring farmer. This easement, formalised by notarial deed and published, sets out the agreed distances, acceptable operating methods and, where appropriate, financial compensation in return for operating in a way that causes nuisance.
The existence of neighbouring farms imposes particular vigilance on the purchaser of a rural property. If a farm is already located nearby, the owner's rights to extend or improve his home may be limited by the principle of reciprocity. Conversely, if the purchaser is planning to develop a farming activity himself, he will need to ensure that neighbouring dwellings do not create obstacles to his operation.
Potential nuisances associated with neighbouring farms must be anticipated: odours (particularly from livestock), noise from farm equipment operating early in the morning or late at night, spreading of liquid manure or plant protection products, presence of insects or rodents. Although these nuisances are generally legal in the agricultural context, they can have a significant impact on quality of life and living comfort.
The impact on the property's market value can be considerable. A property located close to an intensive agricultural operation, particularly a pig or poultry farm, will generally see its value reduced compared with comparable properties in a less constrained environment. Potential buyers are often reluctant to buy homes exposed to foreseeable agricultural nuisances, even if these are legal.
To secure your purchase of a rural property, a careful visit to the surrounding area is essential: observing farm buildings, talking to neighbours about actual farming practices, consulting the PLU for any future changes to the farm. Consult our complete guide to the stages involved in buying a farm for a systematic approach to your project.
Although less of a priority than rights of way or water easements, planting easements governed by article 671 of the Civil Code impose significant constraints in rural areas. These easements require the owner to respect minimum distances when planting trees or shrubs close to the dividing line.
The legal minimum distances are two metres for plantations over two metres in height at maturity, and fifty centimetres for lower plantations. These distances are often disregarded when rural properties are developed: protective hedges are planted, tree lines or visual screens are created without regard for the legal distances. A neighbouring owner may demand that non-compliant planting be uprooted or reduced, which represents a cost and a loss of investment previously made.
However, owners may contractually agree to different distances. A conventional planting easement authorising reduced distances or closer tree alignments can be established, formalised by notarial deed. This approach enables better management of the rural landscape, taking into account local preferences and traditional practices.
In addition to the private easements discussed above, public easements frequently affect rural properties. These easements, established in the general or public interest, include :
These public easements, although often not visible on the ground, have major legal effects, limiting the possibilities for using or developing the property. Checking them systematically is an essential part of the pre-purchase due diligence, as detailed in our next article on checking easements.
| Type of easement | Legal basis | Object | Impact on the Servant Fund | Compensation |
|---|---|---|---|---|
| Passage (enclave) | Articles 682-685-1 Code civil | Right of access to the public highway | Compulsory visit to the site | Yes, proportionate |
| Water flow | Article 640 Code civil | Receiving natural water | Obligation to receive water | No |
| Aqueduc | Articles L. 152-14 Code rural | Passage of water pipes | Tolerating underground pipes | Yes, fair and prior |
| Drainage | Articles L. 152-20-23 Code rural | Drainage of waste water | Tolerating drains and technical access | Yes, fair and prior |
| Close to agriculture | Article L. 111-3 Code rural | Distances minimales (50-100m) | Building restrictions | No (restricted use) |
| Plantation | Article 671 Code civil | Distances minimales (0,5-2m) | Obligation to respect distances | No (restricted use) |
Rural easements constitute a complex set of rights and obligations specific to the agricultural and rural context. Right of way easements open up land, water easements regulate the use of an essential resource for farming, while proximity easements impose a balance between farming activity and urbanisation. This variety of easements reflects the particular challenges of rural France, where farming, water management and access to plots of land are major issues.
For the purchaser of a rural property, a precise understanding of these easements and their practical implications remains essential. A right of way crossing a building plot, a drainage easement imposing development restrictions, or the proximity of an intensive agricultural holding can have a considerable impact on the planned operation and value of the investment. That's why the next article in this series takes a closer look at how to check for easements, the documents you need to consult and the precautions you need to take to secure your purchase. Also find out how to buy farmland without being a farmer and all the practical advice you need for your rural property purchase.
