Residential real estate
A Path, a Fence, a Shared Wall: Who to Consult When Your Property Lines Raise Questions
· 6 min read
Évelyne and Thomas, a fictional couple from the book, visit a wooded lot. The yard is large, the view is lovely. At the back, they notice a path marked by wheel tracks, two leaning posts and a small plank bridge. The seller shrugs: "That's the neighbour's road, it's always been there." Nobody can say whether it is a right, a habit or a simple tolerance.
That kind of detail may be a servitude (an easement), and it is one of the four subjects of the book Servitudes, bornage, mitoyenneté et voisinage (Servitudes, Boundary Marking, Shared Walls and Neighbours), free to read on pierrevinet.com, in French. Here is the essence, in plain words.
What is a servitude, and why does it follow the land?
A servitude is a right that one property holds over another: to cross it, to run wires or pipes through it, to reserve a strip, to prevent a specific use. It links two properties, not two people. The book puts it this way: it follows the land, even when the owners change. That is the general idea, to be confirmed with a notary for your situation.
The property that benefits is called the dominant land (fonds dominant), the one that carries the burden, the servient land (fonds servant). If you buy the first, you may be getting an asset, sometimes with upkeep obligations. If you buy the second, it is a constraint to weigh before you make an offer: it can affect your plans for a garage, a pool or a fence.
Common situations: a right of way for a landlocked lot, utility wires and pipes, views, access to water, parking. And a servitude is not always visible: an underground pipe stays out of sight.
How do you spot a servitude before buying?
The book suggests simple habits:
- Walk the land and ask "why is that there?" about every path, post, manhole or odd strip of grass.
- Ask the seller in writing, through your broker, whether there are servitudes, rights of way or agreements with neighbours.
- Read the certificate of location, which often shows reserved strips and passages.
- Have the notary read the title and ask for an explanation of each registered servitude.
- Compare it with your plans, then count the servitude in your decision.
A seller's word is not a document. "For years" is not the same as "in writing".
What is boundary marking (bornage), and when should you raise it?
The line of your property is not an object you can touch: it is a position described in documents. The fence, the stake or the hedge are only clues. Fences move with frost and years, stakes disappear, old plans tell the story of another era, and a shed "tight against" the line may well cross it.
Bornage (boundary marking) is the process that locates the line between two neighbouring properties, marks it with visible reference points and records it in a document. It is not a declaration of war: a neighbour who asks for one wants to know where the line runs.
The first call is the land surveyor. He or she reviews your documents and can do staking or a full boundary marking, and sometimes an update of the certificate of location. In the book, a stake driven in by eye by two well-meaning neighbours remains an opinion about the boundary.
Whether boundary marking is done by agreement or established by a court is where the book stops: it sends you to a notary or a lawyer, who can explain how it works in your case.
What should you know about a party wall?
A party wall (mur mitoyen) is a wall that two neighbouring properties share, standing on the line that separates them. You meet it mostly in semi-detached and row houses. Before drilling into, opening or taking down such a wall, the book gives three steps: know which wall you are talking about, tell your neighbour, ask for professional advice.
In the example of Rémi, a fictional owner of a semi-detached house, the process starts from an impression ("it's surely shared") and goes back to the documents: the certificate of location, then the title, with the land surveyor and the notary. Who pays for what, and who owns what, cannot be improvised: that is a question for the notary or the lawyer.
How do you talk to a neighbour without making things worse?
A dispute that turns sour is often about words more than metres. The book suggests that you:
- pick a calm moment and speak in person first;
- describe facts rather than intentions;
- arrive with a proposal, not only a problem;
- put any agreement in writing, dated and signed, and ask the notary which form suits it;
- call on a third party, such as mediation, before the conflict sets in. Services vary from one place to another: ask your municipality.
One piece of advice comes back in every chapter: before a step that is hard to undo, such as moving a fence, cutting down a contested tree or blocking a path, consult first.
What file should you keep for servitudes and neighbour issues?
The last chapter brings everything together:
- a file in four parts: the property documents (title, certificate of location, plans), those from the municipality, agreements and exchanges with neighbours, and professionals' reports;
- standard questions for the notary, the land surveyor, the lawyer and the municipality;
- a neighbourhood journal: dated, sober facts with photos, which stay in the drawer unless the need arises.
The characters, files and situations in the book are fictional. The book gives no specific cost or deadline: check those with the professional concerned.
Who should you consult about a boundary or a dispute?
This book never says what the law allows or requires in your case, or who is right in a dispute. It prepares you to ask the right question of the right professional: the land surveyor for the boundary, the notary for documents and registered rights, the lawyer for the dispute, the municipality for the local rule.
📘 Read the book free: Servitudes, bornage, mitoyenneté et voisinage (in French).
🏡 Thinking of buying or selling land? I help you with the checks and point you to the right professionals at the right time. Book a 30-minute meeting, with no commitment.
Pierre Vinet, residential and commercial real estate broker · Immobilier Pierre Vinet Inc. · eXp Agence Immobilière · holder of a real estate broker's licence issued by the OACIQ
Frequently asked questions
Who should I consult if my fence does not seem to be on the property line? The land surveyor, first. This is the professional who measures, reconstructs and locates boundaries. A notary or lawyer steps in afterwards if a legal question arises.
Is a path used by my neighbour necessarily a servitude? Not necessarily. It may be a registered right, a habit or a tolerance. Ask for the documents, have the notary read the title, and review the certificate of location with your broker.
Can I drill into or renovate a shared wall without telling my neighbour? The book recommends talking to your neighbour and consulting a professional before any work on a shared wall. What the law allows in your case is a question for a notary or a lawyer.
Is the book free? Yes. Servitudes, bornage, mitoyenneté et voisinage is free to read on pierrevinet.com, in French.
General information only. This article is not legal, tax or financial advice and creates no professional relationship. Consult a notary, a lawyer, a land surveyor or another qualified professional about your situation.
