Abnormal Neighbourhood Disturbance: The New Owner Is Liable Even for Pre-existing Disorders

Imagine: you buy a beautiful villa in Saint-Raphaël, with a swimming pool and sea view. A few months after moving in, your neighbour informs you that water infiltrations are coming from your land and damaging his wall. You are surprised: these disorders existed before your purchase. Yet, he sues you. Are you liable for problems you did not create?

This question is asked by hundreds of owners and buyers each year in the Var, in Hyères as in Toulon. Neighbourhood law is a frequent source of disputes, often misunderstood. The decision of the Court of Cassation of 16 March 2022 (No. 18-23.954) provides a clear answer: it does not matter that the disturbance started before the sale, the new owner is liable as of right. Explanations.

In this article, we will dissect this decision, understand its reasoning, and especially see what it changes concretely for you. Whether you are an owner, tenant, or real estate professional, these rules concern you.

The facts: a story like many that happen every day

On 26 January 2007, a house in Hyères was sold by Mr A to Mr B. The property is adjacent to another house belonging to Mr C. Very quickly, Mr C complains of water infiltrations damaging his party wall. He sues Mr B (the buyer) for abnormal neighbourhood disturbance.

Mr B defends himself by saying: "It was not me who caused these infiltrations, they already existed before my purchase. I am not responsible for what the seller did." The Court of Appeal initially agrees with him, but the Court of Cassation overturns this judgment. The supreme judges consider that Mr B's liability must be upheld, even if the disturbance started before the sale. Why? Because the action for abnormal neighbourhood disturbance is an action in extra-contractual liability (i.e., not based on a contract) and the current owner is liable as of right for disturbances caused by his building, regardless of any fault.

In short: as soon as the disturbance continues after the sale, the buyer becomes liable, even if he is not the author. The case is referred to another Court of Appeal.

The reasoning of the court — dissected

The Court of Cassation relies on the principle that abnormal neighbourhood disturbance triggers the liability of the owner of the building from which the disturbance originates, without needing to prove fault. This principle, derived from case law, is now well established. It is based on Article 1240 of the Civil Code (formerly 1382), which provides that "any act of man which causes damage to another obliges the person by whose fault it occurred to repair it." But note: here, no fault is needed. The mere existence of an abnormal disturbance suffices.

But what exactly does this change? The Court specifies that this action is "extra-contractual", meaning it does not arise from a contract (such as a sale or lease) but from the law. Thus, the current owner is liable for disturbances caused by his building, even if they pre-existed his acquisition. It does not matter that he did nothing, it does not matter that he bought as is. In other words, the buyer cannot hide behind the seller to escape liability.

What few people know is that this decision is a confirmation of previous case law (Cass. 3e civ., 24 March 2016, No. 14-27.762). But it has the merit of clarifying that the liability is "as of right", i.e., automatic, as soon as the disturbance is abnormal and continues at the time the new owner is the owner.

What this changes for you — concretely

For the landlord: If you rent a property in Hyères, you are liable for abnormal disturbances caused by your building, even if the tenant is the source of the disorders. For example, if your tenant leaves a tap running that floods the neighbour, it is you who will be sued. You can then seek recourse against your tenant, but that is a separate procedure.

For the buyer: You have just bought a property in Saint-Raphaël and infiltrations existed before your purchase? You are liable. Before signing, you must carry out a technical inspection (leak detection, condition of pipes, etc.) and require the seller to cover the repairs or negotiate a price reduction. If the disturbance is too great, you might even cancel the sale.

For the tenant: You are not liable for abnormal neighbourhood disturbances, unless you caused them yourself. However, you must inform your landlord as soon as you notice a disorder.

For the neighbour victim: You can act directly against the current owner, without having to prove his fault. For example, if your neighbour's wall in Hyères leaks water that damages your terrace, you only need to demonstrate the abnormality of the disturbance (excessive nuisance, damage) and the link with the neighbouring building. Time limits: you have 5 years from the first manifestation of the disturbance to act (standard limitation period). The amounts of damages can range from a few hundred euros to several tens of thousands (restoration work, loss of enjoyment).

Four tips to avoid this type of dispute

• Before buying, have the property inspected: commission a full inspection (plumbing, roof, walls) by a professional. For a villa in Saint-Raphaël, expect €500 to €1,500 depending on size, a trifling investment compared to a dispute.
• Negotiate a warranty for hidden defects: if disturbances are suspected, ask the seller to cover the repairs before the sale, or to reduce the price. Have it recorded by an expert.
• In case of disturbance, act quickly: as soon as you notice a disorder, inform your neighbour by registered letter with acknowledgment of receipt. If the disturbance persists, have it recorded by a bailiff (about €200) and consult a lawyer.
• Check your insurance: does your home insurance policy cover neighbourhood disturbances? Some policies include "private life civil liability" cover that can compensate for damage caused to neighbours.

Further details: related case law and developments

The decision of 16 March 2022 is part of a consistent line of the Court of Cassation. As early as 2016 (Cass. 3e civ., 24 March 2016, No. 14-27.762), the judges had affirmed that the current owner is liable for abnormal disturbances, even if they originate from a prior state. More recently, the Court extended this principle to disturbances caused by works carried out before the acquisition (Cass. 3e civ., 12 July 2018, No. 17-22.385).

undefined, I have encountered cases where buyers were ordered to pay more than €20,000 in damages for infiltrations they did not cause. The trend of the courts is clear: protect the victim, who should not suffer the consequences of a change of owner. For the future, one can expect judges to be even stricter, particularly regarding hidden defects and the seller's duty to inform.

Key points to remember

FAQ:

• Q: Can I be sued for a disturbance I did not cause?
  A: Yes, if you are the current owner of the building from which the disturbance originates. Liability is automatic.
• Q: What should I do if my neighbour sues me for a pre-existing disturbance?
  A: Do not just say "it wasn't me". Seek an amicable solution (mediation) or prepare your defence: you can bring a warranty claim against the seller if you have a hidden defects warranty clause.
• Q: What are the time limits for taking action?
  A: 5 years from the first manifestation of the disturbance. After this period, the action is time-barred.
• Q: How much does a procedure cost?
  A: Lawyers' fees vary: for an initial consultation, expect €45 to €150. A full procedure can cost €2,000 to €10,000 depending on complexity. Prevention is better than cure.

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