Right of View: When Your Neighbour Encroaches on Your Property, What to Do?

Imagine: you own a beautiful villa in Mandelieu, with a stunning sea view. One day, your neighbour decides to build a terrace and install windows that look directly into your home. You ask him to stop, but he replies: "I have a right of view easement, I can do what I want." Is that true? Can an easement authorise encroachment on your property?

This question is asked by hundreds of property owners each year in the district of Grasse, where neighbourhood disputes are common, particularly in Mandelieu and Valbonne. The Court of Cassation, in a judgment of 1 April 2009 (No. 08-11.079), clearly ruled: an easement never confers the right to encroach on another's property. In other words, even if your neighbour has a right of view easement, he cannot install openings that extend beyond the boundaries of his property or that violate your right of ownership.

In this article, I will explain the facts of this case, the judges' reasoning, and above all what this means concretely for you, whether you are a property owner, tenant or real estate professional. I will also give you practical advice to avoid this type of dispute, with concrete examples from my practice in Grasse, Mandelieu and Valbonne.

The Facts: A Story Like Any Other

The case pitted two neighbours, Mr Paul Y... and Mr Yvon Z..., in the south of France. Mr Y... owned a property burdened with an easement of way, view and light in favour of Mr Z...'s land. More specifically, an "easement agreement" had been signed, granting in particular a right of view and light over Mr Y...'s property. But the latter had built a balcony and opened a large bay window which, according to Mr Z..., encroached on his property and violated the limits of the easement. Mr Z... therefore sued Mr Y... to have these structures removed.

The Tribunal de Grande Instance of Grasse ruled in favour of Mr Z..., ordering the demolition of the balcony and awarding damages to Mr Z.... Mr Y... appealed, arguing that the easement of view and light authorised these developments. But the Court of Appeal of Aix-en-Provence upheld the judgment, considering that the easement could not allow encroachment on another's property. Mr Y... then appealed to the Court of Cassation.

The Court of Cassation dismissed his appeal. It recalled that an easement is a charge imposed on one piece of land (the servient tenement) for the benefit of another piece of land (the dominant tenement). It can in no way authorise the owner of the dominant tenement to encroach on the property of the servient tenement. In this case, the balcony and bay window exceeded the limits of the easement and constituted an encroachment, which justified their removal.

The Reasoning of the Court — Explained

To understand this decision, we must return to the fundamental principles of property law. Article 544 of the Civil Code defines ownership as "the right to enjoy and dispose of things in the most absolute manner, provided that no use is made of them which is prohibited by laws or regulations." An easement is an exception to this right: it allows the owner of one piece of land (the dominant tenement) to benefit from a right over the neighbouring land (the servient tenement), for example a right of way or a right of view. But this exception is interpreted strictly.

In its judgment, the Court of Cassation applied Article 637 of the Civil Code, which defines an easement as "a charge imposed on an estate for the use and utility of an estate belonging to another owner." It also recalled that Article 701 of the same code provides that the owner of the servient tenement cannot do anything that tends to diminish the use of the easement or to make it more inconvenient. Conversely, the owner of the dominant tenement cannot aggravate the easement.

In short, Mr Y... thought that the easement of view authorised him to build a balcony and a bay window that extended beyond his building. But the judges considered that this structure constituted an encroachment on Mr Z...'s property, because it encroached on the latter's airspace. However, an easement cannot confer a right to encroach on another's property. It is a matter of logic: if the easement authorised encroachment, it would amount to transferring part of the property, which is not its purpose.

What few people know is that the distinction is subtle. An easement of view allows having windows or openings that overlook the neighbouring land, but these openings must be located within the boundaries of one's own property. If they extend beyond, there is encroachment. The Court of Cassation thus confirmed the position of the lower judges, who had ordered the demolition of the balcony and the removal of the bay window.

What This Changes for You — Concretely

This decision has important practical implications for all property owners, particularly in the district of Grasse where construction is numerous and neighbourhood disputes frequent. Here is what you need to remember depending on your situation.

If you are the owner of a servient tenement (the one that must bear the easement): You are protected. Your neighbour cannot, under the pretext of an easement of view or way, encroach on your land or build structures that extend onto your property. If this is the case, you can demand the demolition of the structures and damages. However, be aware of time limits: the action for demolition is subject to a 5-year limitation period from the construction (Article 2224 of the Civil Code).

If you are the owner of a dominant tenement (the one benefiting from the easement): You must be careful. Your easement does not authorise you to do anything. For example, if you have a right of way, you cannot use it to park your car on the neighbour's land or to store materials there. If you have an easement of view, you must respect the boundaries of your property. undefined, I have encountered cases where an owner in Valbonne had installed a pergola that encroached on the neighbouring land, believing that his easement of view authorised it. He had to demolish it.

If you are a buyer of real estate: Always check the existence of easements and their exact scope. A notary can help you interpret the deed. Do not rely on the seller's statements. For example, if you are told that the house benefits from an easement of view, ask to see the title deed and the deed creating the easement. In doubt? Consult a lawyer specialised in property law.

If you are a tenant: You are not directly concerned by easements, but if your landlord rents you a property with an easement, you must respect it. Conversely, if a neighbour encroaches on the rented property, it is up to the owner (landlord) to take legal action, but you can inform him.

In figures, demolition proceedings can cost between €3,000 and €10,000 in legal and expert fees, not to mention the demolition costs themselves (often several thousand euros). Prevention is better than cure.

Four Tips to Avoid This Type of Dispute

• 1. Have the scope of your easements checked before any work. Before building a balcony, terrace or even a simple window, consult your title deed and the easement deed. If in doubt, seek the advice of a lawyer or a surveyor. In Mandelieu, an owner avoided a lawsuit by checking that his future swimming pool did not encroach on the neighbour's right of way.
• 2. Do not interpret an easement extensively. An easement of view does not authorise you to build an overhanging balcony, nor to enlarge your house to the detriment of the neighbour. Stay within the boundaries of your property.
• 3. Prefer mediation in case of conflict. Before going to court, try conciliation. Mediation can avoid costs and delays. In the district of Grasse, the Chamber of Notaries offers real estate mediation services.
• 4. If you buy a property, require a warranty against eviction. In the sale deed, ask the seller to guarantee that there are no hidden easements or encroachments. This way, you can take action against him if a problem arises.

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Further Reading: Related Case Law and Developments

This decision is part of a consistent line of case law. The Court of Cassation has already ruled several times that an easement cannot authorise encroachment. For example, in a judgment of 12 May 2004 (No. 02-14.087), it recalled that the owner of the dominant tenement cannot, under the guise of a right of way, permanently occupy the servient tenement. Similarly, in a judgment of 18 November 2009 (No. 08-19.326), it specified that an easement of view does not allow opening a projecting window onto the neighbouring land.

The trend of the courts is therefore clear: easements are interpreted strictly. Judges protect the right of ownership against abuses. In the future, it is likely that this case law will be reinforced, particularly with the evolution of constructions (pergolas, raised terraces, etc.). Property owners must therefore be particularly vigilant.

What this means for you: do not be intimidated by a neighbour who brandishes an easement as a building permit. Your right of ownership is protected, and justice will give you reason if your neighbour encroaches. But conversely, if you are the beneficiary of an easement, do not exceed the limits.

What You Must Absolutely Remember

1. An easement never gives the right to encroach on another's property. This is a fundamental principle.
2. If your neighbour builds a structure that encroaches on your property, you can demand its demolition. You have 5 years to act from the construction.
3. Before undertaking any work, always check the scope of your easements. A surveyor can help you.
4. In case of dispute, prefer mediation. It is less costly and faster than a trial.
5. Consult a specialised lawyer at the first signs of conflict. Early advice can save you years of proceedings.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →