Can You Refuse a Subsoil Easement (Servitude de Tréfonds) in 2026?

You have just learned that an infrastructure or construction project requires a subsoil easement (servitude de tréfonds) to be installed on your property? This situation immediately raises a crucial question: can you refuse a subsoil easement? As an owner, you are entitled to ask about your rights and the means of opposing this constraint, which will have a lasting effect on your property.

What is a subsoil easement?

Legal definition of the subsoil easement

The subsoil easement is a particular statutory easement that authorises the passage of pipes, cables or other technical installations through the subsoil of private property. This easement allows public network operators (electricity, gas, telecommunications, drainage) to install and maintain their equipment beneath your land.

Unlike contractual easements negotiated between neighbours, the subsoil easement is generally imposed for reasons of public utility. It concerns the subsoil exclusively and in theory does not affect the use of the surface of your property. The possibilities of building on burdened land and of moving the line of the easement are examined in our article on building above a subsoil easement.

The different types of subsoil easement

Subsoil easements fall into several categories according to the nature of the installations:

• Easements for electricity networks
• Easements for gas pipelines
• Easements for telecommunications networks
• Easements for drainage and the discharge of water
• Easements for district heating networks

In what cases can a subsoil easement be refused?

Opposing the easement: your rights as an owner

Although the subsoil easement may seem restrictive, owners' rights are not entirely set aside. Several situations allow the establishment of such an easement to be legitimately challenged.

Absence of technical necessity

You can refuse a subsoil easement if alternative technical solutions exist. The authority or company making the request must show that passing through your property is the only option that is viable technically and economically.

Procedural defect

The procedure for establishing a subsoil easement must comply with precise formalities. A defect in the procedure (insufficient notification, absence of a mandatory public inquiry, defect of form) may justify your opposition to the easement.

Legitimate grounds for refusal

Disproportionate interference with the right of property

If the proposed easement interferes excessively with your property or its use, you have solid arguments for challenging it. This interference may involve:

• The impossibility of carrying out building projects
• A significant fall in the value of the property
• The abnormal neighbourhood disturbances generated

Insufficiency of the compensation offered

The establishment of a subsoil easement gives rise to a right to compensation. If the amount offered does not fairly compensate for the loss suffered, you can challenge the easement or negotiate better compensation. As between neighbours, the compensation of the owner of land crossed by a pipe is dealt with in our article on the easement for underground pipes.

The procedure for opposing a subsoil easement

The stages of a challenge

Amicable phase

Before any court action, favour amicable negotiation. This approach may lead to:

• A change to the route of the installations
• An increase in compensation
• Additional guarantees on the works

Court action

If negotiation fails, several avenues of recourse are open to you:

• An application to the administrative court to annul the decision for abuse of power (recours pour excès de pouvoir)
• A liability action to obtain additional compensation
• A challenge to the assessment of the compensation before the expropriation judge (juge de l'expropriation)

Time limits for challenging

A challenge to a subsoil easement must be made within strict time limits:

• Two months from notification for court action
• Time limits that vary according to the procedure for challenging the compensation

The limits of the right to refuse

Public utility easements

Some subsoil easements are imposed on grounds of public utility. In such cases, can you refuse a subsoil easement? The answer is generally no, but you keep the right to fair and prior compensation.

Owners' legal obligations

The legislation requires owners to bear certain easements necessary for the operation of public services. This obligation is limited by respect for the right of property and the requirement of fair compensation.

Compensation for the subsoil easement

Assessment criteria

The compensation takes account of several elements:

• The value of the burdened land
• Any depreciation of the rest of the property
• The disturbance caused by the works
• The loss of enjoyment during the works

Negotiating the compensation

Do not hesitate to call on a property expert to assess the loss precisely. This expert opinion is a decisive element in negotiating the compensation. On assessing the depreciation of the servient land and the role of the expert in fixing the price, see our analysis of the price and compensation for a right of way.

Precautions to take when faced with a subsoil easement

Legal support

Given the complexity of the procedures and the financial stakes, the assistance of a lawyer who focuses on real estate law proves valuable. This professional will help you to:

• Analyse the lawfulness of the procedure
• Assess your chances of success if you challenge
• Negotiate the best terms of compensation

Documenting the file

Assemble a complete file comprising:

• The plans of your property
• The building projects envisaged
• An expert valuation of your property
• All exchanges with the authority

Recent developments in subsoil easements

New environmental constraints

Developments in environmental regulation influence the establishment of subsoil easements. The authorities must now take account of the ecological impact of underground installations.

The digitalisation of networks

The roll-out of optical fibre and digital networks is multiplying requests for subsoil easements. This technological development calls for an adaptation of existing procedures.

Practical advice for owners

Anticipating risks

If your property is in an area of urban expansion or close to major infrastructure, anticipate the risk of future easements. This anticipation may influence your investment and development decisions.

Negotiating early

As soon as you receive notification of an easement, begin negotiation promptly. A constructive attitude often favours an amicable agreement that is more favourable than court proceedings.

Monitoring the execution of the works

Once the easement is established, make sure that the clauses agreed are observed during the works. Document any overrun or damage in order to preserve your rights to redress.

Future prospects

The development of the law on subsoil easements is tending towards a better balance between the public interest and the protection of owners' rights. Future reforms should strengthen procedural guarantees and improve the compensation mechanisms.

The question can you refuse a subsoil easement therefore receives nuanced answers depending on the circumstances. While outright refusal remains exceptional, many possibilities exist for challenging, negotiating or obtaining fair compensation. What matters is a prompt response and appropriate legal support.

Faced with a subsoil easement, do not remain isolated. The expertise of a lawyer who focuses on real estate law will enable you to defend your interests effectively and obtain the best possible terms. As every situation is unique, a personalised analysis of your file is needed to determine the strategy best suited to your situation.