Rights of way

Rights of way

 "My house is located at the end of a private road encumbered by a right of way for pedestrians and vehicles. The owner of the encumbered plot regularly parks his car on the road, blocking the way. What rights do I have? " 

M, Geneva

Generally speaking, an easement is defined as a charge imposed on a piece of land known as the "servient" land in favour of a piece of land known as the "dominant" land. In practice, there are several types of easement. One of these is the right of way, which allows the owner of one piece of land to cross another to reach his or her property. It is generally registered in the cantonal land register and relates to a delimited area known as the "easement base".

The beneficiary of the easement has a right to ensure that the easement is respected by the owner of the servient land, who may not in any way behave in a way that would interfere with its use.

If the beneficiary of the right is inconvenienced in the exercise of the easement, he or she may bring an action to stop the interference.

You have informed me that your neighbour regularly parks vehicles on the path leading to your home, thereby blocking the way for cars wishing to use it. Storing various objects in the passageway in such a way as to block access is typically a disturbance that can be remedied by legal action.

In particular, where there is a likely risk that the use of the easement will be compromised, notably in the event of a conflict between neighbours, the judge may order a prohibition on the installation of any obstacle within the easement.

The law allows you to exercise your rights in peace, without being disturbed by the interference of your neighbours and their visitors. The same applies to your family, your guests, delivery personnel or even emergency services, who should be able to access your home without difficulty.

In neighbourhood disputes, it is generally preferable, before taking any legal action, to try to resolve the dispute amicably, or even to attempt conciliation before a professional. However, if the infringement of your rights persists despite all your efforts, I recommend that you consult a lawyer to ensure that you can exercise your rights in peace.