12th Oct 2022
A fence obstructing a right of way must be removed, despite a new access, rules a French court.
In a case that was recently heard in the court of appeal sitting in Limoges, a property owner complained that their neighbour had impeded her right of way over their land by installing a fence across the access. They had also installed a heat pump and inspection chambers to a septic tank on the plot.
They claimed their right of way, which measured 2.95m wide and ran parallel to the north gable of the neighbour's barn, had been established by a deed of sale dating from 1981 between two parcels of land.