It is possible for an owner to move the easement from which his neighbors benefit, but on the condition that the natural risk prevention plan is always respected.
The Court of Cassation ruled thus when it was seized by the owner of an enclave plot who contested the transfer of his right of way to the neighbor. In principle, she explains, according to the law, those who have to endure servitude at home can transport it to a different place if it has become too heavy for them or if it prevents them from doing certain work. And the beneficiary of this right cannot refuse the change, provided that it is not more inconvenient for him or that it does not lead him to abandon or reduce his possibility of use.
But moreover, specified the Court of Cassation, the route of the easement cannot be moved if this new route does not respect the natural risk prevention plan. Which was the case in this case, in an area subject to fire risk. And it is not because the old layout did not respect it either that the new one should not respect it, according to this decision. The non-compliance of the first layout does not allow us to persevere by proposing a new non-compliant layout.
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These prevention plans put in place by the authorities, which delimit in particular the risk zones, concern in particular floods, landslides, avalanches, forest fires, earthquakes, volcanic eruptions, storms and cyclones.
(Cass. Civ 3, 25.1.2024, W 22-16.920).
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