servitude de passage à talon

06:04 Aug 5, 2018 

Quite simply because I had one of these 'servitudes' over my property when I bought it, and as the wording appeared curious to me, I asked a friend of mine who is a retired notaire over here in Frrance, and he explained to me the precise meaning of this archaic and quaintly picturesque expression. Since I then knew what it meant in French, I didn't need to bother to go any further to seek a translation fo it at that time.

18:21 Aug 4, 2018 

I added a text in the "Reference comments" that you may see as the more "formal" definition that you were seeking.

18:19 Aug 4, 2018 

I don’t know how you can say that the expression “refers equally to animals on the hoof”. Legalese tends to be precise, which doesn’t allow for “extension” of meaning of a term. Every sources I read (and I read a lot!) specify the destination of the easement/right in details. When the passage on foot includes animals, they are specifically mentioned. For example:

The grant of a “way”, without specifying what kind of a way, has been held to mean a way for all purposes. (Com. 114.) The grant of a “carriage way” was held to include the right to use the way for foot travel ; but a footway cannot be used as a carriage way… if the way was granted for any special purpose it cannot be used for any other purpose. Thus the grant of a way “on foot for horses, cattle and sheep” does not authorize the use of it for carrying manure in a wheel barrow…
https://archive.org/stream/cu31924018798805/cu31924018798805...

16:57 Jul 30, 2018 

Euh... Je ne vous suis pas, là... All I am saying is that "servitude de passage à talon" cannot be translated by "pedestrian right of way" = your answer.

Quant à "right of way easement" (note added at 5 days) ou "easement of right of way" (= servitude réelle de passage), I would have agreed with you, should you have posted these as an Answer (with no mention of "horses or other animals" [!]). J'aurais simplement noté qu'elles portent inutilement à confusion par rapport à un simple "easement of way/passage". Think of the back translation. Pourquoi compliquer des choses déjà confuses pour bien des gens?

Par ailleurs, vous savez comme moi que le "common usage" dans ces pages, consiste justement à couper les cheveux en quatre, parfois pour les raisons les plus futiles, souvent pour avoir sa chance de gagner (ou de faire gagner) les sacro-saints points... Et vous m'en voyez désolée, croyez-moi.

15:42 Jul 30, 2018 

I get your point, that the servient land is encumbered, rather than benefitting from a right. Therefore, it can be called an "easement of way" from the point of view of the servient land. However, taking that further and saying it has to be called that and can't be called an "easement of right of way" seems like unnecessary hair-splitting and contrary to common usage.

14:45 Jul 30, 2018 

The terms are the same in US, CAN and UK English. The part that you don't understand is that while the "easement of way" and "right of way" both are types of "easements", they are not a single thing named differently in different countries. As underlined in the references that I posted, one is not to be mistaken/mixed up with the other.

Let's say I have a property with access to a lake and you have a property on the other side of the road. If my property title includes, for your benefit, a pedestrian easement of way [servitude de passage à talon/à pied] to the lake by a footway located at the north end of the property, I can't block it and I must allow you to use it to go to the lake, wether it pleases me or not. This is not a "right" that I have, it's an obligation and it's an encumbrance/burden on my property title. You are the one whose property title includes a "right of way" over my property. And that right of way on the footway located at the north end of my property is an advantage for you, not a burden. As Daryo pointed it out, it makes a big difference when comes the time to buy, or bye-bye!

09:27 Jul 30, 2018 

See the note I've added to my answer.

Note that the terminology in the US and Canada differs from that used in England and Wales; so the Asker needs to decide which version of English is required.

16:53 Jul 28, 2018 

Yes, exactly, this is a key point in cases like these.

16:24 Jul 28, 2018 

Asker is a qualified solicitor...

16:00 Jul 28, 2018 

having a "right of way" on a land open to any member of the public and a "servitude" for the benefit of only one neighbour can make the difference between "I'll buy it" or "I'll pass, what else is on offer?"

Not a "small detail" ...

05:45 Jul 28, 2018 

Easements [servitudes] describe general property rights by others over your land while a right of way describes a specific property right... Basically, an easement is the right to use the property of another... A right of way [droit de passage] is an easement that allows another person to travel or pass through your land...
https://homeguides.sfgate.com/difference-between-easement-ri...

Easement of footway
https://www.google.ca/search?q="easement of footway"&oq="eas...

It found that the defendants should have a pedestrian easement of way to pass over the plaintiffs' property...
https://law.justia.com/cases/california/court-of-appeal/2d/1...

L'expression "easement of way" - qui n'est pas synonyme de right of way - est au moins aussi courante que peut l'être la "servitude de passage à talon". Quant à celles que je mentionne à Garoubet, moins courantes en effet, on les trouve dans les dictionnaires de common law et jugements américains (US/CAN) et anglais (UK). Le contexte n'en demande peut-être pas tant, mais personne ne fera de cauchemar ce soir pour avoir appris une ou deux choses.

19:06 Jul 24, 2018 

When it's about "code de la route" THEN "right-of-way" means = avoir la priorité

when it's about a Land registry entry "right-of-way" means nothing more than the right to pass across someone's land - under strictly defined conditions - only following a defined path / only on foot / bicycle / horseback / private car / lorry etc and it definitely doesn't give you ANY priority over the owners if they want to use the same path!

18:01 Jul 24, 2018 

"right-of-way easement" (priority, in traffic)

To have right-of-way = avoir la priorité
Easement = Servitude

15:26 Jul 24, 2018 

I have googled the term but did not find a satisfactory definition. Please provide examples ...

14:35 Jul 24, 2018 

To get a definition all you need to do is to google the term. You can easily do this yourself.