Alignment Easement and Expropriation: When Your Works Do Not Count

Imagine: you own an old building in Antibes, in the Cap district. Your façade wall protrudes a few centimetres beyond the street alignment, like many old constructions on the French Riviera. One day, the town council decides to widen the road to improve traffic. Your house is partially expropriated. You hope for compensation commensurate with the building land, but the administration only offers you a paltry sum, valuing your property as mere agricultural land. Why? Because your building is subject to an alignment easement (a legal constraint that prohibits building or consolidating beyond the line fixed by the public highway) and the works you carried out to reinforce it are not taken into account. This is exactly what the Court of Cassation ruled in a judgment of 22 November 1983 (n° 82-70.288).

This decision, although over forty years old, remains highly relevant for owners of properties situated in alignment plan zones, especially in the old centres of Nice or Antibes. It raises a crucial question: what is your property really worth if you cannot consolidate it? And how is expropriation compensation calculated?

In this article, I will tell you the story behind this judgment, dissect the judges' reasoning and give you practical keys to protect your rights. Whether you are an owner, tenant or property professional, you will leave with a clear understanding of what this case law means for you.

The facts: a story that happens every day

In the 1980s, an owner in an unspecified commune (but which could be any town subject to an alignment plan, such as Nice or Antibes) owned a building part of which projected beyond the alignment of the public highway. This type of situation is common in old centres: historic buildings were often constructed without respecting modern alignments. The administration decided to expropriate this property to widen a street. The owner contested the compensation offered.

The case came before the expropriation judge, who had to assess the value of the property. The owner argued that his land was buildable and that the consolidation works (structural reinforcements to maintain the building in good condition) he had carried out should be taken into account. But the administration retorted that the building, being in projection beyond the alignment, was subject to an alignment easement. Under Article 14 of the Decree of 14 March 1964 (now codified in the French Planning Code), existing buildings in projection cannot be subject to consolidation works. Consequently, these works cannot be taken into account for calculating compensation.

The conflict escalated to the Court of Cassation, which upheld the administration's position. The High Court confirmed that the alignment easement prohibits any consolidation, and therefore the works carried out have no effect on the value of the expropriated property. The owner ended up being compensated as if his property were mere agricultural land, whereas he had hoped for a much higher sum.

The reasoning of the court — dissected

To understand the judgment, one must first grasp what an alignment easement is. In French law, the alignment is the boundary between the public domain (the public highway) and private properties. Alignment plans fix this boundary for the future. Article 14 of the Decree of 14 March 1964 (now reproduced in Article L. 112-1 of the French Highway Code) provides that built properties projecting beyond the alignment are subject to an alignment easement. This means that the owner can neither rebuild nor consolidate his building beyond the alignment. He can only maintain the existing structure, without reinforcing it.

In this case, the owner had carried out consolidation works. But the Court of Cassation considered these works unlawful, because they contravene the easement. Consequently, they cannot be taken into consideration for assessing expropriation compensation. In short, what should never have been done cannot increase the value of the property.

The basis for the decision is simple: expropriation compensation must cover the real value of the property on the date of expropriation. But this value cannot include improvements that are in fact infringements. In other words, one cannot profit from one's own violation of the law. The Court of Cassation here confirms consistent case law: alignment easements are matters of public policy, and their violation cannot be rewarded.

What few people know is that this decision is part of a logic of protecting the public domain. Alignment plans aim to guarantee the continuity and safety of public highways. Allowing unlawful consolidations would amount to perpetuating encroachments.

What this means for you — concretely

If you own a property located in an alignment plan zone, this decision has direct consequences. For example, imagine you own a small building in Nice, rue de la Préfecture, whose façade projects 30 cm beyond the alignment. You decide to redo the roof and reinforce the walls. These consolidation works cost you €50,000. A few years later, the city expropriates your property to widen the street. Compensation will be calculated without taking these €50,000 into account, because they are unlawful. You could even be forced to demolish the projecting part without compensation.

For tenants, the impact is indirect: if the owner is expropriated and the compensation is low, he may not have the means to rehouse you in equivalent conditions. On the other hand, if you are a co-owner in a building concerned, the alignment easement can block necessary renovation works.

Note however: this case law only applies to buildings projecting beyond the alignment existing on the date of the plan. If your construction is subsequent to the plan, it must respect the alignment, and any projection is a pure and simple infringement.

Four tips to avoid this type of dispute

• Check your commune's alignment plan. Before buying a property or undertaking works, consult the town planning department of your town hall (or the Local Urban Plan) to find out if your property is affected by an alignment easement. In Antibes, the safeguarded sector and old road zones are particularly sensitive.
• Do not carry out consolidation works without authorisation. If your building is in projection, any structural reinforcement may be prohibited. Apply for a building permit or a prior declaration. If in doubt, consult a lawyer lawyer.
• Anticipate expropriation. If you know your property is in a widening project zone, prepare your compensation file. Have your property valued without taking into account the projecting parts, but by valuing the rest.
• Negotiate an amicable compensation. In case of expropriation, do not sign anything without advice. The administration may offer a sum lower than the real value. A lawyer can help you obtain a better offer, relying on case law.

Further reading: related case law and developments

The Court of Cassation has confirmed this position in several subsequent judgments, notably in a decision of 8 July 1986 (n° 85-70.120) where it held that consolidation works carried out in violation of the alignment easement cannot be compensated. On the other hand, a more recent decision of the Conseil d'État (CE, 10 February 2010, n° 315869) clarified that the owner can claim compensation for the loss of his right to build, even if the building is in projection, provided he respects the future alignment.

This trend shows that the judges are strict regarding the unlawfulness of consolidations, but they recognise a certain value to the bare land. Thus, in my practice, I have come across cases where owners in Nice were able to obtain compensation based on the value of building land, minus the projecting area. The key is not to attempt to pass off illegal works as improvements.

Key points to remember

• A building projecting beyond the alignment is subject to an alignment easement. This prohibits any consolidation (structural reinforcement) of the projecting part.
• Consolidation works carried out in violation of this easement are unlawful. They cannot be taken into account for calculating expropriation compensation.
• Expropriation compensation is calculated on the real value of the property at the date of expropriation, excluding unlawful improvements.
• Consult a lawyer before any purchase or works in an alignment plan zone. Preventive advice can save you significant financial loss.

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