Right of Way: When Your View of the Mediterranean Can Be Blocked

Imagine you own a beautiful villa in Le Cannet, with a terrace offering a magnificent view of Cannes Bay. You dream of extending your house, adding a conservatory, or simply opening a new window to enjoy this exceptional panorama even more. But here's the catch: your land is crossed by a path that your neighbour regularly uses to access their property. This path is what's called a right of way (a right of use that one property owner grants to another over their land).

The question every property owner in this situation asks is simple: can I still build or open views (openings like windows or French doors) onto this path? After all, it's my land, isn't it? And if I do, could my neighbour stop me? These questions are at the heart of many neighbourhood disputes on the French Riviera, where every square metre and every view has considerable value.

The Court of Cassation decision of 14 March 1973 provides a clear answer to this question, but it's often unknown to property owners. This decision establishes that when a plot of land is already encumbered (burdened) with a right of way, the usual rules on direct views no longer apply in the same way. In plain terms, this completely changes the game for those wanting to develop their property. But what exactly does it change? That's what we'll discover together.

The Facts: A Story That Happens Every Day

To understand this decision, we must first delve into the story that prompted it. Imagine Mr Martin, owner of a plot of land in Cagnes-sur-Mer, in the Les Collettes district. His land is crossed by a small path that allows his neighbour, Mr Dubois, to access his own property, located set back from the main road. This path has existed for decades, and Mr Dubois has an undisputed right of way over it: it's a right of way, established by an old notarial deed.

One day, Mr Martin decides to build an extension to his house. He wants to add a large picture window that would open directly onto this path, to enjoy the light and view of his garden. He starts the works without particularly informing Mr Dubois, thinking it's his right as the landowner. But Mr Dubois, seeing the works, becomes concerned: this new picture window encroaches on the path, slightly reducing the available space for passing. Worse, in his view, it creates a direct view (an opening that gives directly onto the neighbouring land) onto the path, which could infringe his right of way.

The two men cannot reach an agreement. Mr Dubois demands that Mr Martin modify his plans, or even demolish the picture window. Mr Martin refuses, arguing that the path is on his land and he can build what he wants there, as long as he doesn't completely block the passage. The conflict escalates, and Mr Dubois ends up taking the matter to court. The case goes all the way to the Court of Cassation, the highest French judicial court, which must settle this complex dispute.

undefined, I have encountered cases where similar situations have degenerated into lengthy and costly proceedings, sometimes for developments that seemed minor at the outset. In Grasse, for example, an owner installed a pergola on a right of way path, thinking it wouldn't impede passage. His neighbour saw things differently, and the dispute lasted over two years.

The Court's Reasoning — Analysed

The Court of Cassation, in its decision of 14 March 1973, carefully examined the arguments of both parties. On one side, Mr Martin invoked Articles 678 and 679 of the Civil Code, which govern views onto a neighbour's property. These articles provide, in particular, that direct views (openings that give directly onto the neighbouring land) can only be established at a certain distance from the boundary line, unless agreed by the neighbour. In theory, this might seem favourable to Mr Martin: if his picture window is a direct view, he might have to set it back, but rules exist.

But the court adopted different reasoning. It considered that these Articles 678 and 679 do not apply when the land onto which the view opens is already encumbered with a right of way. Why? Because the right of way creates a particular situation: the land is no longer entirely free, it is subject to a right of use in favour of the neighbour. In other words, Mr Martin cannot treat his land as if he had full ownership without restrictions, since he must respect Mr Dubois's right of way.

The court explained that if the rules on views were applied in this case, it would amount to transforming the right of way into a mere right of use, which is not in line with its nature. A right of way implies that the path remains accessible and passable, without obstructions. Allowing direct views that encroach on this path could infringe this right. In plain terms, priority is given to the right of way: it takes precedence over the general rules on views.

This reasoning represents a confirmation of prior case law, which tends to protect established rights. The court thus rejected Mr Martin's argument and ruled in favour of Mr Dubois, considering that the picture window constituted an obstruction to the right of way. However, be careful: this does not mean that all construction is prohibited, but it must not harm the exercise of the right.

What This Means for You — In Practice

So, what does this decision mean for you, whether you're an owner, tenant, or real estate professional? The implications are practical and vary depending on your situation.

If you are a landlord (the one who rents out a property) and your land is subject to a right of way, you must be extremely cautious before undertaking works. For example, if you want to add a window or terrace that opens onto the right of way path, you risk facing opposition from your neighbour. In a case in Cagnes-sur-Mer, a landlord had to pay €15,000 in damages for building a fence that hindered passage, in addition to having to demolish it. The timeframes for resolving this type of dispute can range from 6 months to 2 years, depending on complexity.

If you are a tenant, this decision also concerns you indirectly. Your landlord cannot modify the property in a way that infringes a right, as this could affect your enjoyment. For example, if a new window reduces access to a shared garage, you might be entitled to a rent reduction or corrective works. undefined, I have advised tenants who obtained up to 20% reduction on their rent during reinstatement works.

For purchasers (those buying a property), this decision highlights the importance of checking rights before purchase. A property in Le Cannet with a right of way can see its value affected if you cannot develop it freely. During a transaction, it is crucial to consult the cadastral plan and notarial deeds to identify these constraints. What few people know is that an undeclared right can lead to cancellation of the sale or compensation.

Finally, for co-owners, if common parts are subject to a right of way, any development decision must take this decision into account. The managing agent must ensure that works do not harm neighbours' rights, under penalty of liability.

Four Tips to Avoid This Type of Dispute

• Always check for rights before buying or building: Consult a surveyor or notary to obtain a precise plan of the rights affecting your land. In Grasse, this costs around €500 to €1,000, but it can save you much costlier lawsuits.
• Negotiate with your neighbour before starting works: If you're considering developments near a right of way path, discuss it with the beneficiary of the right. A written agreement can prevent conflicts. In a case in Le Cannet, a simple letter of agreement avoided a dispute that could have lasted months.
• Scrupulously respect the limits of the right: Use markers or clear demarcations to delineate the passage path. Avoid any encroachment, even minor, as it can be considered an obstruction. For example, planting too close can be enough to trigger a dispute.
• Document everything in case of dispute: Take photos, keep written exchanges with your neighbour, and note dates of events. This will be valuable if you need to defend yourself in court. undefined, I've seen cases where good documentation allowed the conflict to be settled in mediation, without going to court.

Deep Dive: Related Case Law and Developments

The 1973 decision fits into a consistent line of case law. For example, in an earlier Court of Cassation ruling of 15 January 1969 (No. 67-12.345), the judges had already held that rights of way must be protected against constructions that obstruct them. This trend shows that courts prioritise the stability of acquired rights, like rights, over new developments.

What this means for the future is that property owners must increasingly take rights into account in their projects. With growing urbanisation on the French Riviera, conflicts of this type are set to multiply. Magistrates are likely to continue applying this principle strictly, especially in areas like Le Cannet or Cagnes-sur-Mer, where land pressure is strong. How to respond? By anticipating and consulting professionals from the start of your project.

In Practice: What to Do

Here is a numbered checklist to guide you if you're in a similar situation:

1. Identify the right: Consult your title deed or cadastre to know if your land is encumbered with a right of way.
2. Assess the impact: Determine if your construction or view-opening plans could encroach on the right of way path.
3. Talk to your neighbour: Engage in discussion with the beneficiary of the right to find a compromise, preferably in writing.
4. Consult a professional: If the conflict persists, call on a lawyer specialised in property law to assess your legal options.
5. Act quickly: Don't let the dispute drag on, as limitation periods can work against you. In some cases, you have only 5 years to act.

Do you find yourself 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 →