You want to secure your property with a gate, but an easement runs through it. The neighbor who uses this path may not appreciate this new barrier. Do you have the right to block this access? The law permits it, but there are strict rules to follow to avoid ending up in court.
What the Civil Code Says
Article 647 of the Civil Code is very clear: every owner has the right to enclose their property. Even if your land is subject to a right of way, you remain the owner. You therefore have the right to install a gate.
However, this right directly conflicts with Article 701 of the same Code. This specifies that you must not do anything that diminishes the use of this easement or makes it more inconvenient. In other words: closing the access, yes. Making your neighbor’s life difficult, no.
The Absolute Obligation to Provide Access
If you install a gate, your neighbor must not have to ask your permission to get home. You must provide them with keys, the access badge, or the entry code, completely free of charge.
In practice, installing an automated gate is the only truly viable option. If your neighbor has to get out of their car in the rain to open a manual gate at each passage, a judge will likely consider this an aggravation of the inconvenience. The opening system must also be completely reliable. If it breaks down every other week and leaves the neighbor locked out, this will be classified as obstruction of the easement.
Watch Out for Passage Width
This is the number one cause of disputes related to easements. The notarial deed generally defines a precise passage width, often around 4 meters.
Your new gate posts must absolutely not encroach on this space. If your installation reduces the passage to 3.50 meters, a delivery truck or emergency vehicle could have difficulty maneuvering. The obstruction then becomes illegal.
The space required during opening also poses a problem. On a narrow path, the leaves of a conventional gate may obstruct traffic. This is why a sliding gate often proves essential in this configuration, as it slides along the fence without reducing the maneuvering space.
How to Avoid Neighborhood Conflict
Installing a gate on a shared access almost always strains relations. Even if the law is on your side, your neighbor might oppose it on principle. If they take you to court, the judge will assess whether they are experiencing genuine inconvenience or are abusing their rights.
To avoid months of legal proceedings, discuss the project with them before pouring the concrete for your foundations. Show them the chosen model and guarantee automated opening.
Choosing the Right Equipment
Since a gate on a right of way serves two households instead of one, it will be operated twice as often. You need equipment designed for intensive use.
At Districlos, we are experienced in equipping this type of shared access. Our in-store advisors can verify with you the necessary dimensions to avoid encroaching on the legal width, and guide you toward a motorization system capable of handling repeated openings.
If space is limited, our aluminum sliding gates are generally the most suitable solution: they completely clear the passage, withstand the elements, and require no special maintenance. Which always means one less source of dispute with the neighbors.
Expert in fencing, gates, and outdoor landscaping since 2019.
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