It is possible to go through a neighbor’s land if there are no other means of carrying out work at home. This rule even has a name: the ladder trick. This right of passage is not explicitly provided for by law, but it is a rule of use, shaped by case law.
What is the ladder tour?
There is no law that governs the turn of the ladder, otherwise called ladder rights. It is rather an unwritten practice, but habitual and ancient. This use authorizes you to go to your neighbor’s house to carry out work. The scale is valid whether you live in a house or an apartment. Concretely, you can lean a ladder or scaffolding against a wall or simply move onto land adjacent to yours, in order to carry out work.
What conditions must be met to benefit from the right of scale?
Case law has established a certain number of criteria to govern the turn of the scale. The planned work must be essential. They must therefore be aimed at the maintenance or repair of your home and not its beautification. In addition, it must be impossible to carry out the work without going through your neighbor’s property. If these two conditions are met, the intervention time must be as short as possible.
Does your neighbor have to agree?
If your neighbor agrees for you to stop by their home, it is still preferable to define together and in writing the precautions to take, the dates and times of your visits, and the duration of the work. You can also plan to pay him an occupation allowance to compensate him. If your neighbor does not agree to you carrying out work through their property, you can call a legal conciliator free of charge. If the disagreement persists despite this approach, you can file an appeal with the court.
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⋙ Conflict with my neighbor: how to resolve it?