Easement
An easement is a real-property burden imposed on one parcel (the servient estate) for the benefit of another (the dominant estate), binding on all successive owners. It may be statutory or contractual, and a buyer inherits it automatically, which can restrict how the property is used or reduce its market value.
Key points
- An easement runs with the land and survives any change of ownership.
- It must appear in the notarial deed and is recorded in the land register.
- Statutory easements (right of way, drainage, light) exist by law; contractual ones arise from owner agreements.
- A right-of-way easement can be extinguished if the landlocked situation ends or by mutual written agreement.
Frequently asked questions
How can I find out whether a property carries an easement before signing?
The notary searches the land register and previous title deeds to identify any recorded easement. The buyer should also review the co-ownership bylaws for common areas and ask the seller directly about informal arrangements. Some apparent easements — a worn path, a projecting window — are visible on a careful site visit.
Why can an easement block a bank financing?
If the easement severely limits the property's use — for instance, a public-utility corridor that prevents any extension — the bank may judge that the collateral value is insufficient. It can then require an independent appraisal or reduce the loan amount. A broker should flag this during the initial file review.
What is the difference between an easement and a right of pre-emption?
An easement concerns how the property may be used — a passage, a view, a pipeline — and does not affect the transaction itself. A right of pre-emption gives a third party (municipality, tenant, state) priority to purchase the property ahead of any other buyer, which can delay or cancel the sale. Both can exist on the same property simultaneously.
In practice
A buyer learns at signing that the house garden is crossed by a pedestrian right-of-way easement benefiting the neighbor. The bank revises the property's market value downward and requires an independent appraisal. The broker negotiates by providing an expert report confirming that the easement does not affect the main building, allowing the original financing to proceed.
Official sources
- Right-of-way easement over another's land · Service-Public.gouv.fr
- Sale agreement and loan condition precedent · Service-Public.gouv.fr
- Housing and financing information · ANIL