Abnormal Neighbourhood Disturbances: Ten-Year Prescription from the First Noise

Imagine: you have owned a house in Castelsarrasin, in the Tarn-et-Garonne, since 1990. Since 1993, a neighbouring farm has been running its lorries and generators from dawn. You put up with the noise, thinking you will get used to it, or that the neighbour will eventually leave. Twenty-five years later, in 2018, you finally decide to file a complaint for abnormal neighbourhood disturbances. Too late, the judge tells you. Why? Because the time limit to act started running in 1993, the date of the first noises. That is exactly what the Court of Cassation confirmed in its judgment of 13 September 2018 (No. 17-22.474).

But what exactly does this change? A lot. Until this decision, some litigants hoped that the prescription (time limit to bring legal action) only started at the end of the nuisances. The Court of Cassation puts an end to this uncertainty: the action for abnormal neighbourhood disturbances is an action in extra-contractual liability (non-contractual), subject to the ten-year prescription of former Article 2270-1 of the Civil Code, which starts from the first manifestation of the disturbance. In other words, if you do not act within ten years of the first noise, you lose all right to compensation.

In this article, we will dissect this decision and its practical consequences for owners, tenants and property professionals in Montauban, Castelsarrasin and elsewhere. How to react if you suffer nuisances? What are your rights and the pitfalls to avoid? Follow the guide.

The facts: a story like many everyday

Mr. Ange, owner of a house in Montauban since the 1980s, had been suffering since 1993 from the noise nuisance of a neighbouring farm: sounds of lorries and generators. For years, he endured, hoping for improvement or the neighbour's departure. In 2011, he finally decided to sue his neighbour for abnormal neighbourhood disturbances, claiming damages (compensation) and cessation of the nuisances.

The first instance court ruled in his favour, but the Court of Appeal reversed the judgment: it declared his action time-barred, because the ten-year period had started running in 1993 and had therefore expired in 2003, well before the 2011 claim. Mr. Ange appealed to the Court of Cassation. He argued that the disturbance was continuous (renewed daily) and that the prescription should only run from the cessation of the nuisances.

The Court of Cassation dismissed his appeal. It recalled that the action for abnormal neighbourhood disturbances is an action in extra-contractual liability, subject to the ten-year prescription of Article 2270-1 of the Civil Code (in its wording prior to the 2008 reform). The starting point is the first manifestation of the disturbance, regardless of whether it is continuous or not. In this case, the first noises date from 1993, the 2011 action is therefore time-barred.

The reasoning of the court — dissected

The Court of Cassation relies on a fundamental principle: the action for abnormal neighbourhood disturbances is an action in extra-contractual liability (also referred to as delictual liability). This means it is not based on a contract (such as a lease or sale), but on the general duty not to cause harm to others, provided for in Article 1240 of the Civil Code (formerly 1382). This provision states that "any act of man, which causes damage to another, obliges the person by whose fault it occurred to make reparation."

Now, the prescription (time limit to act) applicable to this action is, for facts prior to the Law of 17 June 2008, that of former Article 2270-1 of the Civil Code: ten years from the manifestation of the damage. The key question was when the damage manifests. For continuous disturbances (which last over time), two interpretations were possible: either the starting point is the beginning of the disturbance, or it is the end of the disturbance (or each successive manifestation). The Court of Cassation decides: it is the first manifestation of the disturbance that starts the time limit.

What few people know is that this solution is consistent with the nature of the action. Abnormal neighbourhood disturbances are considered a single and indivisible damage, even if it continues. Case law previously hesitated, but the Court of Cassation puts an end to the debate. undefined, I have come across cases where owners, believing they could act at any time, lost their right because they failed to act within ten years. However, note that the Law of 17 June 2008 changed the prescription rules for future actions (five-year period from the knowledge of the damage), but for disturbances prior to 2008, the old ten-year period applies.

What this changes for you — concretely

For a landlord owner: if you rent out a property in Montauban and your tenant suffers nuisances from a neighbour, your tenant can act, but must do so within ten years of the start of the disturbances. If the nuisances have lasted more than ten years, it is too late. As a landlord, you can also act if your property is depreciated, but the same time limit applies.

For a tenant: you are directly a victim. From the first excessive noises, consult a lawyer. Do not wait. For example, if you live in Castelsarrasin and since 2015 a neighbouring construction site has been preventing you from sleeping, you have until 2025 to act. After that, prescription.

For a buyer: before purchasing a property, check if there are any historical neighbourhood disturbances. If the seller suffered nuisances for more than ten years without acting, they lost their right to compensation, and you do too as a successor in title. Request a declaration on honour or a clause in the deed of sale.

If you are in this situation, you must act quickly. The prescription period is a dangerous trap. For example, an owner in Montauban who has suffered odours since 2010 must imperatively initiate an action before 2020 (under the old regime) or within five years of knowledge of the disturbance (under the new regime).

Four tips to avoid this type of dispute

• Act without delay: From the first signs of disturbance (noise, odour, vibrations), record the dates and facts. Do not wait for the situation to worsen. A ten-year period may seem long, but it passes quickly.
• Keep evidence: Gather witness statements, photos, videos, letters of complaint. In case of trial, proof of the first manifestation is crucial. For example, if you wrote a letter to the neighbour in 1993 complaining about the noise, keep it.
• Consult a lawyer lawyer: A property lawyer can assess the prescription and advise on strategy. In Montauban, lawyers like Maître Zakine are familiar with these cases.
• Negotiate amicably: Before going to court, try mediation or an agreement with the neighbour. Sometimes a simple registered letter is enough to stop the nuisances. But beware: a settlement can interrupt the prescription, but it must be formalised.

Further reading: related case law and developments

The Court of Cassation had already initiated this movement in a judgment of 5 July 2017 (No. 16-18.228), where it held that the action for abnormal neighbourhood disturbances is prescribed by five years from the knowledge of the damage (under the new regime). The 2018 judgment confirms this logic for the old regime: starting point at the first disturbance. The lower courts, such as the Court of Appeal of Toulouse (which covers Montauban), follow this line.

The trend of the courts is therefore clear: no rolling prescription for continuous disturbances. This means that victims must be vigilant and act quickly. For the future, the 2008 reform standardised the period to five years, but the starting point remains the knowledge of the damage, which may be more favourable if the disturbance is latent. However, for disturbances prior to 2008, the 2018 judgment is a harsh reminder.

Checklist before acting

1. Identify the first manifestation of the disturbance: When did the nuisances begin? A letter, a bailiff's report, a witness statement can prove it.
2. Check the prescription: If the disturbance started more than ten years ago (before 2008) or more than five years ago (after 2008), the action is probably time-barred. Consult a lawyer for confirmation.
3. Gather evidence: Photos, videos, attestations, invoices for work, medical certificates (for health damage).
4. Put the neighbour on notice: Send a registered letter with acknowledgement of receipt asking them to stop the disturbances. This can interrupt the prescription.
5. Initiate legal action: If negotiation fails, sue the neighbour before the judicial court (formerly TGI) of Montauban or the place where the property is located.

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