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How do you find a house’s easements before buying?

A house can carry two kinds of easement. Public easements (servitudes d’utilité publique: a historic monument, a pipeline, a power line, a risk prevention plan) appear in the PLU annexes and on the Géoportail de l’urbanisme. Private easements, such as a right of way, appear in the title deeds and at the land registry: the notaire identifies them. Ask about both before the compromis de vente.

Two families of easements

The word servitude covers two different legal situations, which are not found in the same place.

Public easementPrivate easement
For the benefit ofThe public interest (the state, a network operator...)Another plot and its owner
ExamplesSurroundings of a historic monument, gas pipeline, high-voltage line, risk prevention plan, railwayRight of way, a pipe crossing the neighbour’s land, a right of view, a ban on building
Where to find itPLU annexes, Géoportail de l’urbanisme, planning certificateTitle deeds, land registry, the seller’s statement

A house’s planning rules are read together with other documents, such as an address’s PLU and the planning certificate. You can see how a dossier brings them together for one address in the sample dossier.

Public easements

Public easements are annexed to the PLU (art. L151-43 of the Urban Planning Code). An easement not annexed within the required period in principle ceases to be enforceable against permit applications (art. L152-7), which is why the up-to-date list is worth checking. They are also published on the Géoportail de l’urbanisme, layer by layer.

For a house, the most frequent are the surroundings of historic monuments (the heritage architect’s opinion on exterior works), risk prevention plans (building rules in a flood zone, for example), transmission pipelines and power lines (distances and restrictions), and building-line easements along certain roads.

A house in a flood zone

Private easements

A private easement is a burden placed on one plot for the use and benefit of a plot belonging to another owner (art. 637 of the Civil Code). It runs with the land, whoever the owners are: when you buy, you inherit it, for or against your house.

Housing estates and their covenants

How to find them before buying

The notaire checks the land registry and the earlier deeds, and sets out in the deed the easements they have found. To know what an easement allows or forbids in your case, the notaire, or a lawyer, will explain; for its exact route on the ground, a géomètre-expert (chartered land surveyor).

The ScanAdresse dossier for an address sets out the public easements published on the Géoportail de l’urbanisme and the surroundings of historic monuments; private easements are not included, as they come from the deeds.

What the cadastre does not show

The cadastral map does not show easements, and the cadastre is a tax document that does not prove ownership. A boundary or a right of way is checked in the deeds and, if needed, by a formal boundary survey (bornage).

What the cadastre does not prove

Frequently asked questions

Does an easement end when the house is sold?

No. An easement is attached to the land, not the person: it continues with the new owner.

Must the seller disclose easements?

The compromis and the deed usually include the seller’s statement on the easements they know of. The notaire checks the published deeds separately.

Where can you see the public easements on a parcel?

In the PLU annexes, on the Géoportail de l’urbanisme, and in an information planning certificate.

Can a right of way exist without a deed?

For a landlocked plot, the law provides for access. Otherwise, a right of way is established by deed; the notaire or a lawyer will say how it stands in your case.

Sources

ScanAdresse is a private service by SRI Group BV (VAT BE1037052239), not connected to any public authority: it brings together public data, with the source and date of every item.

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