Views and legal distance: a wall that is too close must be demolished

Imagine: you own a house in Argelès-sur-Mer, with a beautiful view of the Albères from your living room. One day, your neighbour decides to raise the party wall by 5 metres 30. Your windows, which faced west, now face a brick wall. What can you do? This 1973 decision of the Court of Cassation provides a clear answer: you have the right to demand the demolition of this wall if it does not respect the legal distance from your views. But you must first understand what a right of view is and what distances must be respected. Let's delve into this case.

The facts: a story that happens every day

In 1973, the city of Lyon owned a building. It raised the party wall separating its land from that of Mrs. X by 5 metres 30. This wall, initially a party wall (i.e., owned in equal shares by both owners), closed the western side of Mrs. X's property, which benefited from oblique views (windows located at an angle, not directly opposite) over the neighbouring land. The city of Lyon argued that the raising was done by leaning on both lateral sides of the wall, making it no longer a party wall and therefore free from any constraints. But Mrs. X disagreed: she considered that her views were obstructed and that the legal distance (1.90 metres for direct views, 0.60 metres for oblique views under Article 678 of the Civil Code) was no longer respected. She therefore sued the city to obtain the demolition of the raised part of the wall.

The Lyon Court of Appeal ruled in favour of Mrs. X, ordering demolition. The city appealed to the Court of Cassation, but the Court dismissed the appeal, upholding the appellate decision. The reasoning is clear: the owner of the dominant tenement (the one benefiting from the right of view) has the right to obtain the demolition of a wall built within less than the legal distance from the windows through which the right is exercised, in order to maintain the fullness of their real right.

The court's reasoning — broken down

The Court of Cassation relied on Article 678 of the Civil Code (which sets the legal distances for views) and the theory of easements. In short, a right of view is a real right attached to a piece of land (the dominant tenement) that allows seeing onto the neighbour's land (the servient tenement). This right cannot be eliminated by a construction that does not respect the minimum distances. Here, the raised wall was less than 1.90 metres from Mrs. X's windows (the exact distance is not specified in the judgment, but the court found that it was not respected). The city claimed that the wall was no longer a party wall after the raising, but the judges held that this made no difference: whether the wall was a party wall or not, the legal distance had to be respected.

In other words, an owner who raises a wall cannot infringe upon the neighbour's views. This principle has been constant since this decision. The Court of Cassation also reminded that the owner benefiting from an oblique view (a window placed at an angle, as was the case) is entitled to the same protection as for a direct view, because the right is exercised in the same way.

What few people know is that this decision is often cited in neighbour disputes concerning constructions on property boundaries. undefined, I have encountered cases where an owner in Le Barcarès had built a conservatory too close to the neighbour's windows, and the 1973 case law was invoked to obtain demolition.

What this means for you — practically

If you own a house with a view over the neighbouring land, you can require that any new construction respects the legal distances. If your neighbour builds a wall, terrace, or garden shed less than 1.90 metres from your windows (for a direct view) or 0.60 metres (for an oblique view), you can demand demolition in court. However, note that your windows must have been created before the disputed construction and must constitute a right of view (e.g., if they directly overlook the neighbouring land).

If you are a tenant, you must contact your landlord, as they hold the right of easement. But you can report the infringement to them.

If you are a buyer, before purchasing a property, check the distances to neighbouring constructions. A wall that is too close may be demolished, but this can also be an opportunity to negotiate the price.

Concrete example: in Le Barcarès, an owner built a concrete block boundary wall 0.80 metres from the neighbour's windows (oblique view). The neighbour obtained demolition of the wall based on this case law, after an 18-month procedure and legal fees of approximately €3,000. But they also obtained damages for loss of view.

Four tips to avoid this type of dispute

• Before building, check the legal distances: for any opening or construction within 1.90 metres of a neighbour's window (direct view) or 0.60 metres (oblique view), you must obtain the neighbour's written consent or respect the distance. Otherwise, you risk demolition.
• Have a bailiff document the condition of the property: if you plan works, a bailiff's report before and after the works can prove that pre-existing views were respected or not.
• Negotiate a right of view: if you want to build near a neighbour's windows, you can request a conventional easement (written agreement signed before a notary) that allows you to derogate from the legal distances.
• Check the Local Urban Plan (PLU): the Local Urban Plan of your municipality (e.g., that of Argelès-sur-Mer) may impose greater distances than the Civil Code. Always check local rules.

Further reading: related case law and developments

This 1973 decision is part of a consistent line. We can cite a Court of Cassation judgment of 15 February 1966 (No. 64-10.877) which already held that the owner of a dominant tenement can require the demolition of a construction that reduces their views, even if it respects legal distances, if it constitutes an abuse of right. More recently, the Court of Cassation reminded (Civ. 3e, 20 February 2020, No. 18-26.048) that a right of view is extinguished if the windows are blocked for 30 years, but revives if they are reopened. The trend is therefore towards protecting the owner of the dominant tenement, with strict application of the distances.

What you absolutely must remember

FAQ:

• Can I build a wall less than 1.90 metres from my neighbour's window if it is an oblique window? No, for an oblique view, the minimum distance is 0.60 metres (Article 678 of the Civil Code). If you exceed this, your neighbour can demand demolition.
• What should I do if my neighbour has already built a wall too close? You can ask them in writing to demolish it. If they refuse, you can take the matter to the judicial court to obtain demolition and damages. Expect a 12 to 24-month procedure.
• What is the cost of a procedure? Apart from lawyer's fees (€2,000 to €5,000 depending on complexity), you will need to advance bailiff and possible expert costs. But if you win, the neighbour may be ordered to reimburse part of them.
• Does the right of view apply to existing windows? Yes, if the windows are more than 30 years old, the right is acquired by prescription. Otherwise, you must prove that they were created without opposition from the neighbour.

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