The trial judges who recognised the

Application pratique:

This case law confirms that a breach of planning easements causing direct harm to a neighbour justifies an order for demolition if no other remedy can stop the disturbance. The landlord should gather all evidence (photos, title deeds, correspondence with the neighbour) and engage a French real estate lawyer to seek an injunction for demolition before the building becomes permanent. Acting quickly is crucial because delays can weaken the claim for specific performance.

Application pratique:

As current owners, the buyers are responsible for bringing the property into compliance, even if they did not build the garage. They should immediately check their title deeds and the local planning rules (PLU), then consult a lawyer to assess the risk of a demolition order similar to the one in this case. If demolition is possible, negotiating a voluntary removal or seeking a settlement with the neighbour may be cheaper than defending a full court case.

Application pratique:

The decision confirms that a neighbour who suffers direct and personal harm from an illegal construction can obtain its demolition as the only effective remedy. The affected co-owner should document the noise and obstruction with videos and a bailiff's report, then ask the syndic (property manager) to enforce the co-ownership rules. If the syndic fails to act, the co-owner can take legal action directly against the offending co-owner seeking removal of the unit under this case law.