Right of View: When Your Alterations Worsen the Neighbour's View and You Have to Remove Everything

Imagine: you have just bought a beautiful villa in Mandelieu-la-Napoule, with a sea view. To improve it, you decide to extend your terrace and replace a small window with a French window. A few months later, your neighbour sues you, demanding that you remove the view he considers 'overlooking' his garden. You thought you were in your own home? Not so fast.

I regularly come across this situation in my practice, whether on the Côte d'Azur or in the Landes. The question is always the same: how far can you alter your property without infringing on your neighbour's rights? A right of view (right to look over the neighbouring land) is not a blank cheque to change everything. The decision of the Court of Cassation of 8 January 1992 (no. 90-11.852) forcefully reminds us: the lower courts have sovereign power to assess whether the alterations carried out worsen a right of view, justifying its removal.

In other words, if your works transform a discreet view into an overlooking and intrusive view, the judge may order you to restore everything to its original state. A sword of Damocles hanging over any property project. Let's decode this decision together, with concrete examples from Mandelieu and Vallauris.

The Facts: A Story That Happens Every Day

In this case, the Tropini couple own land in Vallauris. Their property is burdened with a right of view in favour of the neighbouring land, owned by a certain Mrs X. This right, established by notarial deed, allows a direct and overlooking view over the Tropini couple's land. One day, Mrs X decides to alter her property: she creates an additional opening and modifies the dimensions of some existing windows, thereby increasing the field of vision over the Tropini land. The Tropini couple, considering that these works worsen the right of view, sue Mrs X to have these views removed and the premises restored to their original state.

Before the Tribunal de Grande Instance of Grasse, and then the Court of Appeal of Aix-en-Provence, the Tropini couple succeed. Mrs X is ordered to remove the disputed views. She appeals to the Court of Cassation, arguing that the right of view was already constituted by the existence of previous openings, and that the alterations merely maintained it without worsening it. According to her, the lower courts should have based their decision on the original state of the premises, not on the subsequent modifications.

But the Court of Cassation does not follow her. In its judgment of 8 January 1992, it dismisses the appeal and confirms the reasoning of the appeal judges. In short, the magistrates sovereignly considered that the alterations carried out by Mrs X constituted a worsening of the right of view, justifying the removal of this direct and overlooking view. The case is closed, but the lessons are numerous.

The Reasoning of the Court — Analysed

To understand this decision, we must first recall what a right of view is. It is a burden imposed on one piece of land (the servient land) for the benefit of another piece of land (the dominant land): the owner of the dominant land has the right to have views (windows, balconies, terraces) over the servient land. This right is generally established by a notarial deed (conventional easement) or by thirty years' prescription (easement acquired over time).

But beware: this right is not absolute. The owner of the dominant land cannot unilaterally modify the openings to worsen the easement. The worsening may result from an increase in the number of openings, a change in their orientation (direct view instead of oblique view), or a modification of their size or height that makes the view more overlooking. In this case, the judges found that Mrs X's works had the effect of making the view more overlooking and wider over the Tropini land, which constitutes a worsening.

The Court of Cassation reminds that the lower courts have sovereign power to assess this worsening. Concretely, it is the magistrates who, based on the evidence (bailiff's reports, photos, expert opinions), decide whether the alterations exceed what was provided for in the title of easement. And this decision cannot be challenged by the Court of Cassation, except in cases of distortion (interpretation contrary to the clear terms of the title).

What few people know is that the legal basis for removing the view is not the violation of the easement itself, but Article 1240 of the Civil Code (liability for fault). Indeed, worsening an easement without right constitutes a fault that causes prejudice to the neighbour (loss of privacy, decrease in property value). The judge may then order restoration, or even damages.

undefined, I have come across cases where owners in Mandelieu thought they could extend their terrace without worrying about the view they offered over the neighbour's garden. Result: lengthy proceedings, legal fees, and an obligation to demolish. This judgment is therefore a confirmation of the strictness of the courts in this area.

What This Changes for You — Concretely

This decision has direct implications for all property stakeholders. Here is what you need to remember according to your profile:

• Landlord: If your property is burdened with a right of view, you cannot freely modify the openings. Before replacing a window with a French door, check the deed of easement. A simple change in dimension may be considered a worsening. For example, in Vallauris, an owner had to reinstall a small window after installing a French window, because the overlooking view over the neighbour's swimming pool had become unbearable. Cost of demolition works: €5,000, plus legal costs.
• Tenant: You are not the owner, but you may be held responsible if you modify the premises without authorisation. If you install a roof window to get more light, you risk violating a right of view. Better to obtain the owner's written agreement and check the co-ownership regulations.
• Buyer: When purchasing a property, pay attention to rights of view. They are often mentioned in the notarial deed. If the seller has carried out recent works, ask to see planning permissions. A bailiff's report may be useful to record the state of the premises. In Mandelieu, a buyer discovered after the sale that the sea view he enjoyed was illegal because it had been created without respecting the neighbour's easement. He had to remove it at his own expense: €15,000.
• Co-owner: Rights of view may also exist between units in a co-ownership. If you modify your windows, you must comply with the co-ownership regulations and obtain the approval of the general meeting. A co-owner in Vallauris was ordered to restore an enlarged window without authorisation because it infringed on the neighbour's privacy.

If you are in this situation, you must act quickly. The limitation periods for requesting the removal of an illegal view are 30 years (real property action), but it is better not to delay, as evidence may disappear. The amounts at stake can range from a few thousand euros for a simple window replacement to several tens of thousands for a complete demolition.

Four Tips to Avoid This Type of Dispute

• Consult the title deed and the deed of easement before any works. If there is no written easement, check whether there is an easement by destination of the head of the family (former common owner) or by prescription. A surveyor can help you identify existing views.
• Respect the legal distances: even without an easement, the Civil Code imposes minimum distances for views (1.90 m for a direct view, 0.60 m for an oblique view). If you create a view at less than this distance, it may be considered illegal and the neighbour may demand its removal.
• Carry out a joint inspection of the premises before and after the works. Take photos, call a bailiff if necessary. This will protect you in case of a challenge. In Mandelieu, an owner was able to prove that his view was unchanged thanks to dated photos, thus avoiding a lawsuit.
• Obtain written agreement from the neighbour if your works could affect them. A simple verbal agreement may be difficult to prove. A private deed or an exchange of registered letters may suffice. If the neighbour refuses, you will know where you stand before investing.

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Further Reading: Related Case Law and Developments

This decision is part of a consistent line of the Court of Cassation. As early as 1985, a judgment of the 3rd Civil Chamber (no. 84-10.123) had already affirmed the sovereign power of judges to assess the worsening of a right of view. More recently, a judgment of 10 June 2015 (no. 14-17.654) specified that even an oblique view can be worsened if it becomes overlooking. The trend is therefore towards increased protection of the servient land.

Beware, however: case law is not set in stone. Some judges may consider that minor modifications (change of materials, simple like-for-like replacement) do not constitute a worsening. But in case of doubt, courts often rule in favour of the complaining neighbour, because privacy is a fundamental right. For the future, we can expect judges to be even more vigilant with the development of high-rise buildings and overlooking views over swimming pools or gardens.

Checklist Before Acting

Before modifying an opening on your property, ask yourself these questions:

1. Is there a right of view over my land? Check your title deed or the land registry. If so, read the precise clauses on the dimensions and number of authorised openings.
2. Do my works worsen the view? Compare the current state and the projected state. A wider, higher or more overlooking view is a worsening. If in doubt, seek the opinion of a lawyer lawyer.
3. Do I have planning permission? A building permit or prior declaration may be necessary. But even with permission, you are not safe from an action by the neighbour if you violate an easement.
4. Have I informed my neighbour? Better to notify them in writing. If they do not object, you will have proof of their tacit agreement.
5. What is the financial risk? Estimate the cost of restoration if the judge orders you to do so. If this cost exceeds the expected benefit of the works, it may be safer to abandon them.

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