ENGLISH LIBRARY ASSOCIATIONBibliothèque Anglaise de la Haute Vallée – Article 682 gives you a right of way across the neighbour’s land at the nearest point to a public road. However, if there is a chemin de service that runs adjacent to the land then Article 682 does not apply unless there is no vehicle access. (Many chemin-de-services only offer wheelbarrow access). However, it is essential to contact a lawyer to advise further. The difficulty in France is that there is no Precedent in Law – so each case is different.
NB: What is a “chemin de service” on the Carcassonne cadastre may not be a real “chemin de service” since many of these have been declassified and have become just private paths.
If your neighbour has to widen the access road through his land for you, or incurs any expense in creating an access then you will have to pay compensation for this at a tribunal. Otherwise not.First step is to print out the Article 682 and show to your neighbour, or alternatively ask your local mayor to do this. The next step is to send it to a lawyer giving full information with copies of the cadastre, house deeds, and description. A polite letter will then be sent to your neighbour from your solicitor stating what the law is, and to state that failure to abide within an 8 day time limit, would mean that tribunal processes will be implemented.