Right of View: What to Do if Your Neighbour Blocks Your Window?

Imagine: you wake up one morning in your house in Tours, Rue du Cygne, and you notice that your neighbour has walled up the window of his house, depriving you of the view of the gardens you have enjoyed for years. You have been the owner for over ten years, this view has always been there. Yet your neighbour claims he can do what he wants on his property. What does the law say? This judgment of the Court of Cassation of 18 December 2002 (n° 00-17.373) gives you a clear answer: rights of view, when they are apparent and continuous, can be protected by a possessory action, provided you act within one year of the disturbance. But beware, the time limit is short and the conditions strict. Let us analyse this decision together, which could change things for many owners.

The facts: a story like many that happen every day

The case pits two neighbours in Amboise against each other. Mr X, owner of a house with a garden, has for years enjoyed an unobstructed view over the neighbouring land. One day, his neighbour, Mr Y, decides to build a wall that partially blocks this view. Furious, Mr X asks him to demolish the wall. Faced with refusal, he sues him on the basis of the right of view (a real property right that allows one to benefit from a view over the neighbouring land).

The Tribunal de grande instance of Tours rules in favour of Mr X: it orders the demolition of the wall and condemns Mr Y to pay damages (financial compensation to repair the harm suffered). Mr Y appeals. The Court of Appeal of Orléans reverses (annuls) the judgment: it considers that Mr X has not proved the existence of a right of view, because it was not registered in the land registry nor mentioned in the deed of sale. Mr X appeals to the Court of Cassation.

The Court of Cassation quashes (annuls) the appeal judgment. It reminds us that apparent and continuous easements (such as a view) can be protected by possessory actions (actions aimed at protecting peaceful possession), even without a written deed. The Court of Appeal should have verified whether Mr X had peacefully possessed this view for at least one year before the disturbance. By failing to do so, it violated Article 1264 of the Code of Civil Procedure (old, now restated in Article 1264 of the new Code of Civil Procedure).

The reasoning of the court — broken down

The Court of Cassation bases its decision on Article 1264 of the new Code of Civil Procedure (which provides that possessory actions are available within one year of the disturbance to those who have peacefully possessed or held for at least one year). It also refers to Articles 690 and 691 of the Civil Code (which govern easements: an easement can be acquired by destination of the head of the family, by thirty-year prescription (continuous and uninterrupted possession for 30 years) or by title).

The reasoning is as follows: a right of view is an apparent easement (it is visible: a window, an opening) and continuous (it is exercised without any current human action: the view is permanent). Now, according to settled case law, apparent and continuous easements can be protected by possessory actions, even without a written deed. Why? Because peaceful possession for one year is sufficient to create an appearance of right that must be protected against disturbances.

In this case, the Court of Appeal had required a written deed (notarial deed) or a thirty-year prescription. The Court of Cassation criticises it for not having investigated whether Mr X possessed the view for at least one year in a peaceful, public, unequivocal manner and as owner (the conditions for useful possession). In other words, it suffices to demonstrate that you have enjoyed the view for one year without challenge to be able to act.

This decision is a confirmation of previous case law: it does not create a new right, but reminds us of a principle often overlooked by lower courts. It shows that the courts protect peaceful possession, even in the absence of a formal deed.

What this changes for you — concretely

If you are the owner of a house in Amboise, with an unobstructed view over the neighbouring garden, and your neighbour builds a wall that blocks it, you can take legal action to have the wall demolished. But beware: you must act within one year of the construction (the time limit for a possessory action). After this period, you risk losing your right.

For a tenant: you can also act as a holder (Article 1264 of the CPC). If you rent a flat with a view, and the owner of the neighbouring building blocks that view, you can bring a possessory action within one year. But you must show peaceful possession for at least one year.

For a buyer: before buying a property with a view, check that it is properly protected. Ask the seller to guarantee that no disturbance has occurred within the year. If a disturbance is ongoing, require the seller to act before the sale.

Example with figures: in Amboise, an owner obtained €5,000 in damages for disturbance of enjoyment (loss of view), in addition to the demolition of the wall (cost: about €2,000). Without swift action, he would have lost his right.

If you are in this situation, you must: 1) have the disturbance recorded by a bailiff (bailiff's report, about €150), 2) send a formal notice to the neighbour (registered letter with acknowledgement of receipt), 3) take legal action within the year. Do not delay.

Four tips to avoid this type of dispute

• Before buying: have a surveyor (cost: €500-1,000) check for the existence of rights of view, and ask the seller for a sworn statement that no disturbance has occurred within the year.
• If you are building: before walling up a window or building a wall that could block a view, inform your neighbour in writing. Better still: have a bailiff record the condition of the property before work begins.
• In the event of disturbance: act within the year. Have a bailiff's report made immediately, then send a formal notice. Consult a lawyer specialising in property law.
• To secure your view: have it recorded by a notarial deed (conventional easement) or by thirty-year prescription (if you have possessed it for more than 30 years, you can apply for judicial recognition).

Deeper dive: related case law and developments

This decision follows a consistent line: the Court of Cassation has already ruled (Civ. 3e, 10 May 1989, n° 87-16.878) that apparent and continuous easements can be protected by possessory actions. More recently (Civ. 3e, 4 July 2019, n° 18-20.361), it clarified that possession must be peaceful, public, unequivocal and as owner. The trend is therefore towards protecting possession in good faith, even without a deed.

Nevertheless, beware: if the easement is not apparent (e.g. a view that is not visible from outside, such as a window permanently masked by a shutter), the possessory action is not possible. You will then need to prove a deed or a thirty-year prescription.

For the future, case law is evolving towards simplification: judges increasingly accept proof by photos, plans, witness statements, bailiff's reports. But the one-year time limit remains imperative.

What you absolutely need to remember

FAQ:

• Can I act if my neighbour walled up his window two years ago? No, the possessory action is barred by a one-year period from the disturbance. After this period, you lose this remedy. But you may be able to act on the basis of abnormal neighbourhood disturbance (no time limit, but harder to prove).
• What if I have just bought and the disturbance existed before the sale? You can act if you have possessed peacefully for at least one year (the former owner may also assign you his action). Otherwise, you can take action against the seller for failure to disclose (latent defect).
• What are the costs of a possessory action? Expect €1,500 to €3,000 in lawyer's fees, plus bailiff's costs (€150) and any expert fees (€500-1,000). But if you win, the neighbour may be ordered to reimburse part of them.
• Can I act if I am a tenant? Yes, as a holder, you have standing to act within the year of the disturbance. You must show peaceful holding for at least one year.
• Is it possible to settle amicably? Yes, mediation is often quicker and cheaper. But if the neighbour refuses, legal action remains the only option.

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

In summary: if your view is blocked, do not delay. Act within the year, have it recorded, consult a lawyer. This decision of the Court of Cassation protects you, but only if you react quickly.

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. Make an appointment →