Can you pass on your neighbor's land to do works at home (ladder tower servitude)?

Yes, you can pass on your neighbor's land to make works at home. This is called the ladder tower easement. This right of way allows temporary access to the neighboring land to make essential works on your property. This right is not provided for by law, it is governed by case law and rules of use (old and recognized practices).

You can access your neighbor's land if you meet the following 3 conditions:

• You have no other way to carry out your works from your property
• Your works are essential, whether for maintenance, repair, safety or works imposed by regulation or a court decision
• Your intervention is temporary, limited in time and carried out with a proportionate right of way, i.e. the occupation of the land must be reduced to what is strictly necessary.

Before any intervention, you need to get your neighbor's agreement.

This agreement must be formalized in writing, specifying the following points:

• Duration of works
• Dates and times of passage
• Passage plate (width, location, scaffolding, ...))
• Modes of reclamation.

It is possible to provide a occupancy allowance to compensate for the disturbance of enjoyment. Its amount is free.

You can use a template letter to write your mail:

Apply for permission to enter the neighboring property to do works at home

This mail should be sent to your neighbor, preferably by registered letter with acknowledgement of receipt.

If your neighbor refuses or if you don't get an answer, you can call on a conciliator of justice (free approach) or at a mediator (paid approach) or at a participatory procedure (paid process with the use of a lawyer) to find a solution.

If no agreement is reached, you must appeal to the court of justice of the place of your property.

The judge may authorize passage only in the following cases:

• No other technical solution makes it possible to carry out the works
• There is another solution, but it is excessively complex or disproportionate.