Question 36519 — streams, ponds and lakes

Summary

Mr. Didier Paris draws the attention of the Minister of the Interior to the modalities for exercising foothold easements encumbering private properties from the public river domain. Article L. 2131-2 of the general code of property of public entities provides that owners bordering a watercourse or a state-owned lake, such as Lake Geneva for example, cannot plant trees or enclose themselves by hedge or otherwise than at a distance. distance of 3.25 m. Their properties are encumbered on each bank of this last easement of 3.25 m, known as step easement. Neighboring owners note that the step easement is used very frequently by pedestrians who are accompanied by domestic animals and in particular dogs not kept on a leash. These animals wander onto private properties bordering the public river domain, which causes, for indisputable reasons of hygiene, conflicts between neighboring owners and users of the right of way. Article L. 2131-1 of the general code of property of public persons, cited above, does not stipulate the extension of the easement to domestic animals, it questions the possibility for neighboring owners to oppose the movement of domestic animals on the step easement and on the possibility for the mayors of the municipalities concerned to issue orders prohibiting the use of these easements by pedestrians accompanied by their animals, even on a leash.

Machine translation from French. The official text remains authoritative.

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