Specialist lawyer for farm tracks or rural roads and easements

Are you facing disputes concerning an access road, a rural path or a right of way? Are you looking for a lawyer specializing in access roads, rural paths or rights of way for the creation, modification or cancellation of a right of way? Call on the experts at our firm Macfarlanes LLP to protect your interests.

Specialized in rural law and issues related to roads, we can handle all disputes between owners or with municipalities. Whether it is to defend you in case of challenge to access to a path, assert your rights against an illegal closure, or settle disagreements over the modification and maintenance of a path, our team will be by your side. With our support, you can also defend your rights in case of expropriation or irregular encroachment.

Specialist lawyer for farm tracks to create or modify a right of way

Farm roads, governed by Articles L. 162-1 to L. 162-5 of the Rural Code and maritime fishing, are routes reserved for access to and operation of rural properties. They allow owners or their tenants to travel between their plots or agricultural holdings. For landlocked properties, Article 682 of the Civil Code provides for a legal right of way. This right of passage is mandatory and allows crossing a neighboring property.

However, the bed of a farm track cannot be altered without the agreement of all owners with the right to access it. Consequently, no obstruction may be placed on the track, whether by building a fence or an access gate, for example. That is why you must consult a professional before creating, modifying, or removing a right of way.

In our firm, we provide you with specialist lawyers for farm tracks, rural paths and easements to help you. Whether it is a legal easement or a conventional easement formalized by a written agreement, we help you understand the rules and apply them to your situation. Our intervention will allow you to define the location, use and any compensation due to the owner of the servient tenement.

This helps limit the risks of dispute or subsequent litigation. When an existing route must be modified due to a change of use, we carry out a legal assessment and negotiate a new agreement between the parties concerned. This may involve widening, relocation or specific development. We ensure that the conditions comply with regulations and guarantee peaceful use of the passage.

In this context, we determine the obligations of each party, particularly regarding maintenance. Finally, you can rely on our expertise to remove an easement when it is no longer useful or generates recurring conflicts. We will verify the required conditions and initiate appropriate procedures, whether through amicable negotiation or legal action.

Assistance from our specialist lawyers for rural roads or easements to manage disputes

Farm tracks or rural paths and rights of way are often a source of tension between neighbors, and even with local authorities. These conflicts generally arise when access rights or conditions of use are not clearly defined or respected.

For example, an owner may illegally close a path, change its use without agreement, or refuse to participate in its maintenance. These situations further fuel disagreements. In such cases, it is essential to act to assert your rights and preserve the balance between the parties involved. Furthermore, municipal decisions concerning rural paths are also a source of disputes.
Certain municipalities restrict access to a path, reclassify it, or modify its conditions of use, which can penalize owners. Others neglect the maintenance of public roads, making their use difficult or even impossible. In these cases, we examine the situation and determine the appropriate remedies.

Whatever the source of the tensions, our law firm specializing in farm tracks, rural paths and easements supports you. We analyze the elements of the file and identify appropriate solutions to restore use in accordance with everyone's rights. Our intervention makes it possible either to obtain a modification of the decision, or to compel the administration to respect its obligations.
We always prioritize negotiation before considering legal action. An amicable agreement avoids a long and costly procedure, while ensuring a satisfactory solution for all parties. However, if no compromise can be found, we initiate judicial proceedings and build a solid case to defend your interests before the court.

Specialist lawyer for farm tracks or rural paths: expropriation or irregular encroachment

In addition to conflicts and the creation or modification of farm tracks or rural roads, owners are often faced with cases of expropriation during development projects. However, projects requiring this decision must follow a procedure governed by the Highway Code. This notably involves a preliminary inquiry and a declaration of public utility to justify the intervention.

However, work is sometimes carried out without respecting these obligations, leading to disputes from the owners concerned. To limit these cases, it is preferable to involve our expert lawyers in the management of farm tracks, rural paths, and easements for personalized support. In the context of an expropriation for public utility, we assist local authorities throughout the legal process.

We can appoint an investigator to analyze the situation and ensure the follow-up of legal procedures. The public inquiry allows assessing the project's impact and gathering observations from residents before any decision. After said inquiry, we prepare a detailed report and ensure that the declaration of public utility complies with all necessary provisions to avoid any appeal.

At the same time, we defend property owners against irregular encroachments, which occur when work alters a rural path without a legal framework. Unlike a classic expropriation, these interventions do not provide for prior compensation, which infringes on the property rights of owners.

Encroachment can manifest as:

• the loss of a plot;
• access restriction;
• deterioration of the land, etc.

In the event of intervention, we analyze each situation to legally characterize the infringement and assess the damages suffered, in order to take the necessary steps to protect your interests. Thanks to our expertise in urban planning law and the management of rural paths, you will have the means necessary to assert your rights.

Specialist lawyer for farm tracks in an action for claim and boundary determination

The action for recovery allows for the recognition of a right of ownership when it is contested. In the context of farm roads, it comes into play when an owner believes that a third party is occupying their land without title or that a road has been wrongfully annexed. This procedure aims to restore the situation by providing proof of ownership and requesting the restitution of the property in question.

If you are faced with this situation, you can contact our specialists to maximize your chances of success. They can advise you on the best options and help you by gathering the necessary evidence, whether it be title deeds, notarial acts, or testimonies. You will thus benefit from professional representation before the competent courts.

To avoid future disputes, we can also carry out a judicial boundary survey to set the exact limits between properties and the delimitation of paths. The judicial boundary survey process begins with a request filed with the competent court. This request, drafted by our lawyers specializing in farm tracks, rural paths, and easements, precisely sets out the contested limits and the reasons for the dispute.

Once the request is accepted, the court appoints a surveyor-expert responsible for making precise measurements and analyzing the situation. During the hearings, they will clearly present the legal and technical arguments in your favor, while contesting any adverse claims to win the case.

Support from our lawyers in the event of the sale of a farm track or rural path

First of all, rural paths belong to the municipality's private domain, but their use by the public creates a presumption of dedication. For a path to be recognized as for public use, it must be regularly used by pedestrians or vehicles. However, this situation can evolve if the municipality decides to disaffect it, meaning it ceases to be intended for public traffic.

This is a prerequisite for the sale of a rural path. This procedure involves a decision by the municipal council and the conduct of a public inquiry. The municipality must demonstrate that the path is no longer used by the public and that its sale is justified. On the other hand, when a rural path is put up for sale, the owners of adjacent lands have a right of first refusal.

They can acquire the portion of the path adjoining their property, allowing them to enlarge their plot and secure their access. If the path separates two plots, each adjacent owner may purchase half the width. This rule aims to distribute space fairly, but it can lead to complex negotiations.

Indeed, our lawyers specialized in the law of farm roads, rural roads and easements offer you personalized assistance in all procedures related to the purchase or sale of a rural road. We help you verify whether the disaffection has been carried out correctly and whether you can assert your right of first refusal. We also draft the necessary deeds to secure the transaction.