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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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Hello, we have a house with a right of access that runs underneath

Resolved Question:

Hello, we have a house with a right of access that runs underneath the house. The access is across our land but was created in the 1800s. We have a neighbour who is parking his car underneath our house and blocking the droit de passage. We live in England but have been informed by another neighbour who uses the access to get to one of his gardens. How do we stop the neighbour with the car blocking the access of the neighbour who wants to get to his garden. The access is not paved and becomes a grassy track behind our house which is partly our land and partly the land of the people who have a house behind us.
Submitted: 3 years ago.
Category: French Law
Expert:  Thegonnec replied 3 years ago.
You should put signage informing that this land is private property and that parking there is prohibited. If anyone then blocks access to the neighbor's gardens, the neighbor whose access is blocked or yourself as the landlord can call the police/gendarmerie to have the contravening driver fined for stationnement gênant and, if he remains there, towed away.
Customer: replied 3 years ago.

I will rate it highly very good answer. I need slightly more information. Will the police tow a vehicle away if it is parked on private property. We own the land that the access goes over.

Expert:  Thegonnec replied 3 years ago.
The police will tow away the vehicle (or rather have it towed away) if it is parked on private property if:

- said vehicle block access to a property (it seems it would be the case)

or

- said vehicle has remained parked on private property for over 7 days and, if you know the owner, you have notified him that you will have his car removed (better do it by recorded delivery mail, in French, as the police will request you prove you have warned the owner).

Now.... in some places, the police are sometimes slow to act as they have little means available for this type of action...
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