Right of view created by agreement: Article 676 of the French Civil Code is inapplicable to an easement governed by the title deeds

This decision provides important insight into your family and estate rights. Here is what it changes for you.

The situation

Whereas the trial judges, making a sovereign assessment of the common intention of the parties, found that the easement created by the title deeds conferred on one of the parties a right of view over the other's land, they rightly deduced from this that the requirements of Article 676 of the French Civil Code cannot be imposed on the holder of such an easement, whose exercise is governed by the title, and they thereby implicitly but necessarily disposed of the submissions arguing that the provisions of that statute were applicable in the absence of any clause in the title derogating from them.

What the law says

This decision confirms the fundamental principles of French property law.

Key points to remember

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive legal advice is always cheaper than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.