Abnormal Neighbourhood Disturbance: Prescription 5 years instead of 30 (Cass. 2020)

Imagine: you own a flat in Schiltigheim, a peaceful residential neighbourhood. For six years, your neighbour has been running a carpentry workshop in his garage, causing noise and vibrations that crack your walls. You hesitate to take action, thinking the time limit to sue is thirty years. Serious mistake: the French Supreme Court, in a judgment of 16 January 2020, put an end to this belief. Henceforth, an action for abnormal neighbourhood disturbance is subject to a five-year prescription. In other words, if you wait too long, you lose any right to compensation. But what exactly does this change for you, whether owner, tenant or property professional? Let's decipher it.

This decision, handed down by the third civil chamber of the French Supreme Court, settled a debate that had been going on for years: is an action based on abnormal neighbourhood disturbance a real property action (relating to immovable property) or an action in extra-contractual civil liability (based on a person's fault)? The answer has immense practical consequences: the prescription (time limit for bringing legal proceedings) is reduced from thirty years to five years. This sudden change surprised many litigants and legal professionals. In this article, I will explain the facts of the case, the reasoning of the judges, and above all what you must do concretely to avoid losing your rights.

As a lawyer specialising in property law, I have seen cases where clients lost their lawsuits simply because they had waited too long. In Obernai, for example, a retired couple had to give up an action against a neighbour whose chickens caused unbearable odours: they had waited six years, thinking they were within time. With this case law, they would have been time-barred. So, how should you react? Follow the guide.

The facts: a story like any other

The case concerns the E. family, owners of a house in Schiltigheim, and their neighbours, the F. couple. For several years, the F. couple have been running a dog breeding business in their garden, generating incessant barking and foul odours. The E. family endure these nuisances until the day they decide to sue their neighbours for abnormal neighbourhood disturbance. But the court of first instance dismisses their claim (inadmissibility of their action): according to the judges, the action is subject to a thirty-year prescription, and the E. family should have acted earlier? No, in fact it is the opposite: the court considers that the action is prescribed because it would fall under civil liability, subject to a ten-year prescription (former Article 2270-1 of the Civil Code), reduced to five years since the law of 17 June 2008. The E. family appeal. The Colmar Court of Appeal reverses the judgment and declares their action admissible, considering that it is a real property action (relating to the right of ownership) subject to a thirty-year prescription. The F. couple appeal to the Supreme Court.

The parties clash over the legal classification of abnormal neighbourhood disturbance. The E. family argue that this action is based on the theory of abnormal neighbourhood disturbances, which would be an infringement of the right of ownership, therefore a real property action subject to the thirty-year prescription (Article 2227 of the Civil Code). The F. couple, on the contrary, assert that it is an action in extra-contractual civil liability, based on Article 1240 of the Civil Code (formerly 1382), which requires compensation for damage caused by one's fault. This action is subject to a five-year prescription (Article 2224 of the Civil Code). The French Supreme Court must decide.

The reasoning of the court — broken down

The French Supreme Court rules in favour of the F. couple. In a very clear recital (ground of the decision), it states: 'the action for liability based on abnormal neighbourhood disturbance constitutes, not a real property action, but an action in extra-contractual civil liability subject to a ten-year prescription under former Article 2270-1 of the Civil Code, reduced to five years from the entry into force of Article 2224 of the Civil Code in its wording from Law No. 2008-561 of 17 June 2008'. In plain English, the Court considers that abnormal neighbourhood disturbance is not a direct infringement of the right of ownership (like an easement or encumbrance), but a fact giving rise to liability (a fault, even unintentional, that causes damage to others). In doing so, it makes a reversal of case law (change of position). Until then, some courts of appeal considered the action as real property, particularly when the disturbance was linked to a neighbouring property. Now, all courts must apply the five-year prescription.

The legal basis is twofold: on the one hand, Article 1240 of the Civil Code (extra-contractual liability), on the other hand, Article 2224 of the Civil Code (general prescription: 5 years from the manifestation of the damage). However, note: the prescription runs from the day the owner knew or should have known the facts enabling him to exercise his action. For example, if the nuisances started in 2018 and you act in 2024, you are within time. But if they began in 2015 and you did nothing, you are time-barred. What few people know: the prescription can be interrupted by a formal notice (registered letter) or a court summons. So, even if you are approaching the deadline, send a letter to your neighbour to start a new period.

undefined, I have encountered cases where owners in Obernai lost their right to compensation because they thought the time limit was thirty years. One of them suffered water infiltration from the neighbouring garden since 2012. He only acted in 2020, after this judgment, but the 5-year prescription had already expired. Result: zero compensation. That is why it is crucial to know this decision.

What this changes for you — concretely

For a landlord: if your tenant causes disturbances to your neighbours (noise, odours), you can be sued as the owner, but your recourse action against the tenant (to obtain reimbursement) is subject to the same 5-year period. Act quickly. For a tenant: you can sue your neighbour directly. But if the disturbance comes from your own home (e.g., water leak), it is the owner who is liable. Beware: the 5-year period runs from the first nuisance. Example with figures: in Obernai, a tenant suffered sewage odours for 4 years. He sued his neighbour. The court held the action admissible because within 5 years. He obtained €2,500 in damages. If he had waited one more year, nothing.

For a buyer: before buying a property, inquire about existing neighbourhood disturbances. If actions are ongoing, they may be time-barred. Require a declaration on honour from the seller. For a co-owner: disturbances between co-owners (noise nuisance, occupation of common areas) also fall under this case law. If you have been suffering a disturbance for more than 5 years, you can no longer sue. You must therefore report any nuisance as soon as it appears, in writing, to the management company. If you are in this situation, you must: 1) identify the start date of the disturbance, 2) gather evidence (witness statements, bailiff's reports, photos), 3) consult a lawyer to check you are within time.

Four tips to avoid this type of dispute

• Act without delay: as soon as the first nuisances appear, send a registered letter with acknowledgement of receipt to your neighbour describing the disturbance and asking for it to stop. This interrupts the prescription.
• Build a solid evidence file: photos, videos, written witness statements, bailiff's report (about €200). The more evidence you have, the more effective your action will be.
• Consult a specialised lawyer quickly: a first 30-minute consultation (often €150 to €200) can save you from losing your rights. The lawyer will check the prescription and the strategy to adopt.
• Consider mediation before trial: an amicable solution (e.g., an indemnity of €1,000 for past nuisances) is cheaper and faster than a trial. Mediation is mandatory in some jurisdictions before going to court.
• Check your insurance: your home insurance may cover the costs of defence or legal action. Some policies include legal protection.

Further reading: related case law and developments

Before this judgment, the French Supreme Court had already initiated a shift. In a judgment of 4 July 2019 (No. 18-14.960), it held that the action for liability for abnormal neighbourhood disturbance is a personal action (not real) when brought by the owner against the tenant. But the question remained open for actions between neighbouring owners. The judgment of 16 January 2020 definitively settled it. Since then, courts systematically apply the five-year prescription. For example, the Nancy Court of Appeal, in a judgment of 10 June 2021, declared inadmissible an action brought 6 years after the start of noise nuisances. The trend is clear: judges want to hold victims accountable and avoid late lawsuits. However, note: some disturbances may be classified as voie de fait (encroachment, destruction) and then fall under the thirty-year prescription. But that is the exception.

Summary and next steps

FAQ:

1. What is the time limit to sue for abnormal neighbourhood disturbance? 5 years from the first nuisance (or its discovery).
2. What if the disturbance has lasted more than 5 years? You can no longer sue, but you can try mediation or an amicable agreement. The neighbour may agree to stop the disturbance even without a trial.
3. Can I interrupt the prescription? Yes, by a registered letter with AR, a court summons, or a debt acknowledgment from the neighbour.
4. What are the costs of a trial? Expect €2,000 to €5,000 in lawyer's fees, plus bailiff's costs (€200), expert fees (€1,000) and court costs. But you can obtain damages and procedural costs.
5. Do I have to prove my neighbour's fault? No, abnormal neighbourhood disturbance is a no-fault liability: you only need to prove the abnormality of the disturbance (intensity, duration, severity).

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 →