The easement may not encumber land located less than twenty metres from buildings used for residential or professional purposes that were built or whose construction was authorised before the date of demarcation of the zones and sectors provided for in article L. 151-38 of the town planning code, nor land adjoining dwellings and enclosed by walls at the date of this demarcation except :
-where the construction of the said buildings is subsequent to the actual existence of the track or facilities;
-where the actual existence of the runway or facilities predates the entry into force of Law no. 2005-157 of 23 February 2005 on the development of rural areas;
-where the establishment of the easement is the only way to ensure the creation of the tracks, facilities or accesses referred to in article L. 342-20 of this code.
The beneficiary of the easement is subrogated to the owner of the land in the fulfilment of all formalities required for the development of tracks and facilities to which the latter may be obliged pursuant to other legislation.