Public utility easements (SUPs) are administrative limitations on the right to property established for the benefit of public persons (State, local authority, public establishments), concessionaires of public services or public works, private persons engaged in an activity in the general interest (e.g. hydraulic energy dealers, pipelines for the transport of chemicals, etc.).
They are created by specific laws and regulations, whether codified or not, and are of a public policy nature prohibiting individuals from unilaterally derogating from them.
They constitute charges which automatically exist on all the buildings (buildings or land) concerned and which may result in either:
certain prohibitions or limitations on the exercise by owners of the right to occupy or use the land,
to support the execution of works or the installation of certain works,
impose certain obligations on owners (maintenance or repair work)
The creation of a public easement is based on two elements:
1. the existence of an entity that generates servitude (monument, watercourse, military structure, water, gas, electricity, etc.) and
2. a generating event which may be a law or the result of a procedure (classification of a historical monument, inclusion of a watercourse in the nomenclature of waterways or waterways).
The SUPs are defined by Articles L.123-1 and L.126-1 of the Urbanism Code, their detailed list is provided in the annex to Article R.126-1. The list and a general plan of public easements must be annexed to the local planning plan (or POS) of each municipality.
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