Right of View: A Neighbour Has Opened Windows in Your Property? What the Court of Cassation Says

Imagine: you own a house in Castelnaudary, with a peaceful courtyard. One day, your neighbour cuts three large windows in his wall, offering a direct view into your private life. You wonder: does he have the right? What does the law say? This situation, more common than one might think, was decided by the Court of Cassation in a judgment of 16 July 1998. The decision is clear: if a right of view already exists, any worsening must be remedied, even if the judge considers the nuisance not 'intolerable'. But what exactly does that change? Let's dive into this case.

The Facts: An Everyday Story

Mr. X, owner of a building in Tournefeuille, enjoys a courtyard onto which the facade of his property faces. One day, his neighbour, Mr. Y, owner of the adjoining building, decides to cut three windows in his facade, offering a view of Mr. X's courtyard. Until then, there was already a right of view (right of outlook) but limited to simple light openings (small openings with fixed glazing and bars). The new windows, larger, increase the opening area by 2.63 m². Mr. X considers this worsening unlawful and demands the removal of the windows, or failing that, their reduction to the state of light openings. The Tribunal de Grande Instance of Toulouse rules in his favour at first instance: it orders the sealing of the windows. But the Court of Appeal of Toulouse overturns this judgment. Why? The lower court judges consider that the worsening is not 'such as to justify the removal of the openings', and that Mr. X did not claim damages nor the solution recommended by the expert (reduction of the area). Mr. X appeals to the Court of Cassation. The Court of Cassation quashes the appeal judgment: it reminds that once the worsening of the right of view is established, the judge must remedy the damage, without being able to merely say that the nuisance is not serious enough.

The Court's Reasoning — Explained

The decision is based on Article 702 of the Civil Code (now incorporated into Articles 701 et seq.). This article provides that the holder of an easement (right of view) may only use it in accordance with its title, without being able to worsen the situation of the servient tenement (the one subject to the easement). In short, if your neighbour has a limited right of view to a 'light opening' (small opaque window), he cannot transform it into a large transparent window without your agreement. The Court of Appeal had nevertheless found the worsening: three additional windows, 2.63 m² more opening. But it refused to order removal, considering that the nuisance was not 'such' as to justify this measure. The Court of Cassation criticises it for not having drawn the legal consequences from its own findings. In other words, once the worsening is established, the judge must remedy it, regardless of its extent. He cannot say 'it is not that serious'. The remedy may be the removal of the windows, or an alternative solution (reduction, damages), but the judge must decide. This is not a reversal, but a strict application of the law. The Court of Cassation here confirms consistent case law: the easement cannot be worsened, even moderately.

What This Means for You — Practically

Whether you are a landlord, tenant or buyer, this decision has practical implications. If you are the owner of the servient tenement (the one subject to the view): you can demand the removal of any window created in violation of your title, even if the nuisance is minimal. For example, in Tournefeuille, an owner obtained the sealing of an additional window of only 0.5 m², because it worsened an existing right of view. If you are the owner of the dominant tenement (the one with the view): you must strictly comply with your title. If you want to enlarge a window, you must obtain the written agreement of the neighbour or a waiver of the easement. For tenants: you must check your lease. If you cut a window without the landlord's permission, you incur liability. For buyers: when purchasing, require a certificate of easement or a notarial statement. If windows have been opened without right, you may sue the seller for latent defect. Limitation period: the action for removal is barred after 30 years (general limitation period). Cost: proceedings may cost between €2,000 and €5,000 in legal fees, but mediation or negotiation may avoid litigation.

Four Tips to Avoid This Type of Dispute

• Check your title deed: before cutting a window, check if there is a right of view or light opening. The land registry is not enough; you need the notarial deed.
• Negotiate a counterpart: if you want to enlarge a view, propose a written agreement to your neighbour (compensation, works). Avoid verbal agreements.
• Have the premises inspected: if you suffer a new view, have a bailiff's report drawn up quickly. Photos alone are not enough before a court.
• Propose an amicable solution: before going to court, send a registered letter with acknowledgement of receipt to your neighbour. Often, a simple reminder of the law suffices to resolve the conflict.
• Ensure your construction complies with the Local Urban Plan (PLU): the PLU may impose minimum distances for views. Check with your town hall.

Further Reading: Related Case Law and Developments

This decision is part of a consistent line. For example, the Court of Cassation ruled in 2005 (Civ. 3e, 9 March 2005, No. 03-18.123) that the worsening of a right of view, even minimal (creation of a window of 0.3 m²), justifies its removal. Conversely, if the easement is not established, the owner may open views provided he respects the legal distances (1.90 m for direct views, 0.60 m for oblique views). The trend is therefore protective of the servient tenement: courts are strict on compliance with the title. Note however: if the easement is said to be 'discontinuous' (non-apparent), it may be lost by non-use for 30 years. What few people know is that the action for removal can be combined with a claim for damages for loss of enjoyment. undefined, I have encountered cases where the neighbour had opened a roof window (velux) without permission: the court ordered its removal, even if the view was partial.

In Practice: What to Do

FAQ:

• Can I open a window if my neighbour already has a view over my land? No, if a right of view exists, you cannot worsen it. If no easement exists, you may open a view provided you respect the legal distances.
• What if my neighbour has opened a window in violation of my title? Send a formal notice by registered letter. If he refuses, apply to the judicial court. You can demand removal and damages.
• What are the time limits for action? The action for removal is barred after 30 years from the opening of the window. The action for damages is barred after 5 years.
• Can I obtain damages without demanding removal? Yes, you can claim compensation for loss of enjoyment. But the judge may order removal even if you do not request it (principle of full compensation).

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