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When work requires access to neighbors' premises

Are you planning renovation work and need temporary access to your neighbor's property to carry it out? The servitude de tour d'échelle allows you to do so, but it is governed by very specific rules to avoid any conflict.

Usage as law

The servitude of the turn of the ladder, although recognized by usage, is not explicitly mentioned in the Civil Code. It is a custom. This does not prevent it from being strictly regulated to avoid abuse. The servitude of a ladder tower must meet two cumulative conditions: the work must be essential for the conservation of the property, and impossible to carry out without access to the neighboring property.

Exception

If, for example, you're planning to convert your garage or barn into a dwelling, and you need to pass through your neighbor's property to carry out the work, you should be aware that your neighbor may grant you a right of way.
he can refuse. This is because the work is not considered essential for the upkeep of the property.

A right but also duties

Clearly inform your neighbor of the nature and duration of the work. It's vital that you take care not to damage your neighbor's property, and that you repair any damage caused by the work as quickly as possible. Clearly explain the project, the work involved and why access to your neighbor's property is essential. Good communication and detailed explanations often avoid conflicts.

Compensation

It may be a good idea to offer your neighbor financial compensation for the inconvenience caused. The amount can be negotiated between the parties, depending on the extent of the use.

What to do if your neighbor refuses

If your neighbor refuses access, don't panic. Mediation by a notary or a professional mediator can help resolve the conflict. As a last resort, you can take your case to court, which can impose a servitude de tour d'échelle. However, this option should be avoided wherever possible, because of its cost and length.