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Finding land: easements and joint ownership

How to find the right land to build on

Table of contents

To find land, you need to understand the legal aspects related to it. This is the best way to avoid neighborhood conflicts. Easements or joint ownership rules may indeed apply to your future construction. To understand everyone's rights and duties, follow the guide.


Finding land: what is an easement?

The owner of land normally disposes of the top and bottom of the land. THE easements may limit this right in order to improve the use of other land. An easement may concern the right to pass pipes on another land for example. View easements or rights of way are often private law. They can also be public utility easements: obligation to clear bushes, road easements, etc. The easement is said to be active when the owner of the land benefits from it. It is passive when the right is granted by the owner.

Understanding view easements

There exists a legal servitude (established by law) which aims to preserve the privacy of your neighbors by preventing you from creating a window or view directly onto their terrace. The “views” (opening allowing you to see outside) must respect certain distances: the edge of the window or balcony must be more than 1,90 meters from the dividing line with the neighboring land for a straight view (without bend over) and more than 60 cm for oblique views (requires bending or turning the head).
Conversely, a easement of view acquired offering an opening onto neighboring land, cannot be obstructed subsequently.

Enclosing your land requires respecting the rules of easements and joint ownership.
land fences are often the source of neighborhood conflicts

Is there a right of way on my land?

When land is landlocked (without access to public roads), which frequently happens in the event of plot division, its owner can claim the right to pass through neighboring land to reach his property. It is best to find common ground, otherwise, the easement will be obtained by judgment.
There are also right of way, called conventional. They result from an agreement between neighbors so that the owner of a plot, not landlocked but difficult to access, can cross a property to access his own property more easily.

What do we mean by easement of the ladder tower?

La easement of the ladder tower allows an owner to pass onto the neighboring property to carry out work on their building and possibly install a ladder or scaffolding. To exercise this right, you must nevertheless obtain the agreement of your neighbor and possibly compensate them. In the absence of an agreement, a judge can obtain this temporary right of way considered an obligation of good neighborliness.

How to establish an easement

Easements are attached to real estate and are therefore transmitted upon sale or inheritance. To secure a given situation, it is possible to establish an easement, preferably by signing a act authentic notarial. This registration will make it easier for the purchaser of land or a building to be informed of existing easements, in particular rights of way which could harm a construction project.

Find land to build semi-detached houses.
Building terraced houses requires respecting the rules of joint ownership.

Finding land: What are the rules for joint ownership?

A wall or hedge located on the dividing line between two pieces of land is said to be adjoining. This means that it belongs jointly to two neighbors whose land is contiguous. The two co-owners are therefore legally required to contribute equally to the maintenance or repairs of the adjoining part. Find land to build terraced houses requires a good understanding of the rules of law. Future work regarding the party wall must be carried out with the agreement of both co-owners. In the absence of an agreement, a neighbor will not be able to claim his share of the work carried out from his neighbor, unless the work is of an emergency nature.

Building a fence on your land on the dividing line without your neighbor's consent cannot force your neighbor to acquire joint ownership.
Neighbors are, however, free to clean and beautify their side of the wall, without having to ask the neighbor's consent.

To go further read the article “Invest: construction of semi-detached or terraced houses"

Fencing your land: at what distance to plant the hedges?

When it comes to planting, we don't just do anything. Trees over 2 meters high must be placed more than 2 meters from the boundary between two contiguous lots. Smaller shrubs will be located at least 50 cm from your neighbors.
Also note that no branches should protrude onto your land, so you must take care of trimming your hedge. Failing this, you will be entitled to reap all the fruits that come your way.


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