SUP T1 — Railway Servitudes in Meurthe-et-Moselle

These are easements concerning the riparian properties of the railways and established in areas defined by the Act of 15 July 1845 on the Police of Railways and by Article 6 of the Decree of 30 October 1935, as amended, creating visibility easements on public roads, namely: — prohibition on the construction of any construction, other than a fence wall, within a distance of two metres from a railway (art. 5 of the Law of 15 July 1845), — prohibition of excavations, without prior authorisation, in an area equal to the vertical height of a railway embankment of more than three metres, measured from the foot of the slope (art. 6 of the Law of 15 July 1845), — prohibition on establishing thatched blankets, straw, hay and any other deposition of flammable materials at a distance of less than 20 metres from a railway serviced by fire machines, measured from the foot of the slope (art. 7 of the Law of 15 July 1845), — prohibition on depositing, without prior authorisation, stones or non-flammable objects less than five metres from a railway (art. 8 of the Law of 15 July 1845), — Easements of visibility at the crossing of a highway and a railway (art. 6 of the Decree-Law of 30 October 1935 and Art. R. 114-6 of the Highway Code), easements defined by a clearance plan drawn up by the authority managing the highway and which may include, as the case may be, in accordance with Article 2 of the decree: • the obligation to remove fence walls or replace them with grids, to remove annoying plantations, to reduce and maintain the terrain and any superstructure to a level at the most equal level set by the above-mentioned clearance plan, • the absolute prohibition of building, placing fences, filling, planting and making any installations above the level set by the clearance plan. The generator of a public easement is a geographical entity whose nature or function induced, by virtue of regulations, constraints on the way the land is occupied on the surrounding land. The disappearance or destruction on the site of the generator does not result in the removal of the easement(s) associated with it. Only a new act of annulment or repeal by the competent authority may legally remove the effects of the easement(s) in question.