Encroachment on Land: You Can Demand Full Demolition, Even for a Few Centimetres

Imagine: you return home to Plouhinec after a long day. Running your hand along the party wall, you feel a roughness. Looking more closely, you realise that your neighbour's garage encroaches onto your land by 40 centimetres. Nothing too serious, you think. But this small detail deprives you of a driveway and reduces the value of your property. What can you do? Can you really demand the demolition of this structure? How far does the protection of your property rights go?

The Court of Cassation answered this question with particular clarity in a judgment of 21 December 2017 (No. 16-25.406). It held that an owner is entitled to obtain the total demolition of a structure that encroaches on their land, without their action being considered abusive or wrongful. In other words, even if the encroachment is minimal and the neighbour is in good faith, you can demand the full restoration of your land.

This decision reinforces owners' rights, but it also raises practical questions: how to act without falling out with your neighbour? What remedies are available? In this article, I explain everything, with concrete examples from my practice in Brittany and elsewhere.

The facts: a story that happens every day

Mr Z, an owner in Plouhinec, built a building and walls on his land. However, part of this structure encroached onto the neighbouring property belonging to the B heirs. The encroachment was not huge: it ranged from 0 to 80 centimetres in width over a length of 19.14 metres. For the B heirs, this was unacceptable: they sued Mr Z for demolition.

Before the Court of Appeal, Mr Z pleaded his good faith: he had no intention of encroaching, the encroachment was minimal, and demolition would be very costly. He even invoked the European Convention on Human Rights (Article 1 of Protocol No. 1), which protects the right to property. According to him, imposing demolition would be disproportionate.

The B heirs, for their part, insisted on their absolute property right: one centimetre of encroachment is one centimetre too many. The Court of Appeal ruled in their favour, ordering demolition. Mr Z then appealed to the Court of Cassation.

The reasoning of the court — dissected

The Court of Cassation dismissed Mr Z's appeal, upholding the decision of the lower court. Its reasoning is clear: the right to property is an absolute and perpetual right. As soon as a structure encroaches on another's land, even by a few centimetres, the aggrieved owner can demand its demolition. And this, without their action being considered wrongful or abusive.

The legal basis is Article 1240 of the Civil Code (formerly 1382), which requires compensation for damage caused by fault. But note: the fault here is not in bringing legal proceedings, but in having built on another's land. The encroachment itself constitutes a fault, regardless of good faith or the extent of the encroachment.

The Court also dismissed the argument based on the European Convention on Human Rights. It held that Mr Z could not invoke the protection of his property right to retain a structure that violates that of his neighbour. In short, the protection of the victim's property right prevails over that of the encroacher.

This decision is not a departure: it is consistent with settled case law. But it has the merit of restating a fundamental principle: good faith and the minimal nature of the encroachment are no excuse.

What this means for you — practically

If you are an owner suffering an encroachment, this decision strengthens your rights. You can demand the total demolition of the structure, even if the encroachment is tiny and the neighbour is in good faith. However, note: this right is not absolute in practice. Judges may sometimes refuse demolition if it causes a manifestly disproportionate disturbance compared to the expected benefit, but this is the exception. As a rule, demolition is granted.

For example, in Concarneau, I handled a case where an owner had built a 15 m² extension that encroached 25 cm onto the neighbouring land. The neighbour obtained full demolition, despite the high cost (about €8,000) and the builder's good faith. The judge considered that the right to property admitted no compromise.

If you are a tenant, you can also act if the encroachment causes you harm (loss of enjoyment, reduction in rental value). But note: the action for demolition belongs to the owner. You must inform them and, if necessary, sue them to take action.

For purchasers, be vigilant: before buying a property, have the exact boundaries checked by a land surveyor. An undisclosed encroachment can become a legal headache.

Four tips to avoid this type of dispute

• Have a boundary survey (bornage) carried out before any construction: The official delimitation of properties by a land surveyor is the first protection. It costs between €1,500 and €3,000, but it is an investment that avoids many lawsuits.
• Obtain a planning certificate (certificat d'urbanisme): Before buying land, request a planning certificate from the town hall. It will inform you of building rules and any easements.
• Sign a passage or tolerance agreement: If you need to build near the boundary, ask your neighbour for written permission. Even if temporary, it protects you in case of a dispute.
• If you detect an encroachment, act quickly: The longer you wait, the more complicated the situation becomes. A registered letter with return receipt to your neighbour may be enough to start an amicable negotiation. If there is no response, go to court.

Further exploration: related case law and developments

This decision is part of a line of case law protective of property rights. Already in 2014, the Court of Cassation (3rd Civ., 30 September 2014, No. 13-21.382) held that even an encroachment of a few centimetres justified demolition. More recently, in 2020 (3rd Civ., 9 July 2020, No. 19-15.227), it reaffirmed that good faith is irrelevant.

The trend is therefore clear: courts favour the protection of property rights, even if it means ordering costly demolitions. This means that, for the future, aggrieved owners have a good chance of success, but also that builders must be extra cautious.

What few people know is that there are alternatives to demolition: sale of the encroached plot, an easement of passage, or compensation. But these solutions require agreement from both parties, which is rare in a conflict situation.

Checklist before taking action

FAQ: 5 essential questions

• Can I demand demolition if the encroachment is less than one metre? Yes, size does not matter. Even 10 cm is enough to obtain demolition.
• What if my neighbour refuses to demolish? You must sue them before the judicial court (tribunal judiciaire). A lawyer is mandatory. The proceedings can last 6 to 18 months.
• How much does a demolition action cost? Legal fees range from €1,500 to €5,000, plus expert and surveyor costs. But if you win, the neighbour may be ordered to reimburse part of the costs.
• Can I obtain damages in addition to demolition? Yes, if you prove harm (loss of property value, disturbance of enjoyment). For example, in Concarneau, an owner obtained €3,000 in damages in addition to demolition.
• Is there a time limit to act? Yes, the action for demolition is subject to a 30-year limitation period from the encroachment. But if you wait too long, you risk losing your right.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →