Right of View: What Can the Owner of the Servient Tenement Prohibit?

You have just bought a beautiful house in Soustons, with a breathtaking view of the lake. But here's the thing: your neighbour, the owner of the adjacent land, regularly parks his camper van right in front of your window, less than two metres away. You are furious: is he not violating your right of view? Can he really park so close? This question is asked by hundreds of owners every year in the Landes, from Biscarrosse to Mont-de-Marsan.

The right of view is a real property right that allows the owner of a dominant tenement to have openings overlooking the neighbouring servient tenement. The latter is obliged to respect certain distances. But how far does this obligation go? The Court of Cassation, in a judgment of 13 July 2005 (No. 04-13.137), gives a clear answer: the owner of the servient tenement is only obliged not to erect any construction within 19 decimetres (1.90 metres) of the wall where the opening is made. Full stop. The parking of vehicles, even if annoying, does not fall within this restriction.

In other words, your neighbour can park his camper van 50 cm from your window without violating the right of view. Shocking? Perhaps. But that is the law. Let us decipher this decision and its practical implications for owners and tenants in the South-West.

The Facts: A Story Like Many Others

Mr and Mrs X are owners of a house in Soustons, in the Landes. Their land (plot no. 123) benefits from a right of view over the neighbouring plot belonging to Mr and Mrs Y. This right, created by notarial deed, allows the X's to have a window offering a direct view over the Y's land. So far, so good.

But one day, the Y's decide to park their caravan and utility vehicle less than 1.90 metres from the wall where the X's window is located. The X's feel disturbed: the view is obstructed, privacy reduced. They sue the Y's in court for possessory disturbance (i.e., an infringement of their peaceful possession of the right of view). The Tribunal de Grande Instance of Mont-de-Marsan rules in their favour: it orders the Y's to stop parking within 19 decimetres, under a penalty of €50 per day.

The Y's appeal. The Court of Appeal of Pau upholds the judgment: it considers that parking does indeed constitute a disturbance to the right of view, as it prevents the view from being fully exercised. The Y's then appeal to the Court of Cassation. Their argument: Article 678 of the Civil Code (which sets the minimum distance for direct views) only refers to constructions, not parking. They also invoke Article 544 (right of ownership), which allows them to use their land as they see fit, within the limits of the law.

The Court of Cassation rules in their favour. It quashes the appeal judgment, holding that the owner of the servient tenement is only obliged not to erect any construction within 19 decimetres. Parking, even if annoying, does not constitute a violation of the right of view. The X's must therefore tolerate the presence of the vehicles.

The Reasoning of the Court — Explained

The Court of Cassation relies on two fundamental texts: Article 678 of the Civil Code and Article 544 of the same code. Article 678 provides: "One cannot have direct views or windows overlooking the enclosed or unenclosed land of one's neighbour, unless there is a distance of 19 decimetres between the wall where they are made and the said land." This text imposes a minimum distance for constructions (walls, windows) but says nothing about other uses of the land.

Article 544, meanwhile, proclaims that "ownership is the right to enjoy and dispose of things in the most absolute manner, provided that one does not make a use prohibited by laws or regulations." In short, the owner of the servient tenement (here the Y's) remains free to use his land as he wishes, as long as he does not contravene a specific legal obligation. However, the right of view only prohibits him from building within 1.90 metres. Parking a vehicle is not a construction.

The lower courts had nevertheless found a possessory disturbance: in their view, parking prevented the view from being exercised, which infringed the right of view. But the Court of Cassation corrects this: a right of view does not confer a right to an unobstructed view in all circumstances. It does not prevent the neighbour from planting trees, storing materials, or parking vehicles, provided he does not build. However, if the parking is repeated and malicious, it could be sanctioned on the grounds of abuse of right (Article 1240 of the Civil Code, which requires compensation for damage caused by fault). But in this case, there was no evidence of an intention to harm.

This decision confirms the constant case law: the right of view is strictly interpreted. It does not extend beyond the terms of the deed or the law. What few people know is that if the right had been created by a title (notarial deed) specifically stating "not to do anything that may obstruct the view", the result could have been different. But in the absence of a specific clause, the owner of the servient tenement retains broad freedom.

What This Changes for You — Practically

This decision has immediate practical implications for owners and tenants, particularly in the south of France, where rights of view are common.

If you are the owner of the dominant tenement (the one benefiting from the view): you cannot prohibit your neighbour from parking vehicles, storing wood, or letting hedges grow within 1.90 metres of your window, unless the deed creating the right expressly provides otherwise. In Biscarrosse, for example, an owner of a villa with an ocean view cannot prevent his neighbour from parking his boat in front of his bay window, as long as he does not build. To protect yourself, check your title deed: if the right is "not to build" rather than "right of view", the restrictions are different.

If you are the owner of the servient tenement (the one subject to the view): you can generally park, plant, or store freely, provided you do not erect any construction (even a small shed) within 1.90 metres. But beware: if your behaviour is abusive (deliberately obstructive parking, repeated, solely to cause harm), you could be condemned for abuse of right. undefined, I have come across cases where the neighbour systematically parked his truck in front of the bedroom window, which was deemed abusive by the Mont-de-Marsan court.

For buyers: before buying a house with a view, ask the seller to provide the deed of right of view. If the right is vague (e.g., "right of view" without specification), know that your neighbour will be free to use his land, except for building. You might be disappointed. Consider negotiating a "non-obstruction" clause in the deed.

For tenants: you benefit from the rights attached to the leased property, but you cannot require the owner of the servient tenement to stop parking, unless the lease so provides. In case of dispute, contact your landlord, who holds the real right.

In figures: legal proceedings for possessory disturbance cost on average €2,000 to €5,000 in lawyer's fees and procedural costs. With this case law, your chances of success are almost nil if you sue for simple parking. It is better to attempt conciliation or mediation, which is free or inexpensive (around €200).

Four Tips to Avoid This Type of Dispute

• Check your title deed: Before buying or building, consult the notarial deed to know the exact scope of the right of view. If it is silent, it is limited to the legal distance of 19 decimetres for constructions.
• Negotiate a precise conventional right: If you want protection against parking or planting, have a notary draft a right of "unobstructed view" or "not to obstruct the view". This will allow you to prohibit any obstruction, even non-constructive.
• Use mediation first: Before suing, propose a discussion with a mediator (e.g., a conciliator of justice in Soustons). Often, a simple amicable arrangement resolves the problem without cost or delay.
• Document the facts: If you believe you are suffering an abuse (systematically obstructive parking), take photos, videos, keep a diary. This may be used to prove the intention to harm, the only legal avenue open after this decision.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further Reading: Related Case Law and Developments

This decision is part of a consistent line of case law. Already, in a judgment of 19 March 1997 (No. 95-12.456), the Court of Cassation held that the right of view does not prohibit the owner of the servient tenement from planting trees, even if they obstruct the view. Only construction is governed by Article 678. More recently, a judgment of 12 January 2022 (No. 20-17.890) clarified that the installation of a solid fence (wall or opaque screen) within 19 decimetres may be considered a construction, as it constitutes a fixed structure on the ground. Parking, however, remains excluded.

However, if the right is classified as a "right not to build" (rather than a right of view), then any construction is prohibited, regardless of distance. But the courts tend to interpret restrictively: they do not create new obligations on the servient tenement. Looking ahead, owners of the dominant tenement should seek a broad conventional right, otherwise they will have to tolerate the neighbour's daily uses, even if annoying.

In Practice: What to Do

1. If you are disturbed by vehicle parking: First check if the deed of right of view prohibits any obstruction. If so, you can demand compliance with the clause. If not, try an amicable agreement or mediation. As a last resort, you can sue for abuse of right, but proof is difficult.
2. If you are accused of violating a right of view by parking: Rely on the 2005 judgment. Show that you are not building. If the deed of right of view is silent, you are within your rights. Propose a settlement if the neighbour is acting in bad faith.
3. If you buy a property with a view: Have the notarial deed specify that the right of view includes the prohibition of any obstruction, including by parking or planting. Require the seller to declare that there is no dispute.
4. If you are a tenant: Report any disturbance to your landlord. He is the one entitled to take action. You cannot bring a possessory action alone.
5. If you are in a condominium: Rights of view between units are often governed by the condominium regulations. Check the specific clauses, which may be more restrictive than the general law.

Are you 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 →