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The Compensation of Abnormal Nuisances
Droit-immobilier

The Compensation of Abnormal Nuisances

📅 Decision of 25 November 1992🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 3 views📖 1 min read

The compensation of abnormal neighbourhood nuisances is not conditional upon a prior formal notice.

Reference Decision: cc • No. 91-15.192 • 1992-11-25 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The Situation

The compensation of abnormal neighbourhood nuisances is not conditional upon a prior formal notice.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Points to Remember

  • Strictly observe the legal time limits for appeals
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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Legal information

  • Number: 91-15.192
  • Court: Cour de cassation
  • Decision of: 25 November 1992

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Neighbour's barking dog disturbs homeowner

Marie, a homeowner in Lyon, has been suffering from her neighbour's dog barking continuously for 6 months. She has not sent any formal notice to the neighbour, but the noise is causing her stress and sleep deprivation.

Practical application:

This case law confirms that Marie can claim compensation for abnormal neighbourhood nuisance even without prior formal notice. She should gather evidence such as a noise diary and recordings, then send a registered letter to the neighbour requesting cessation. If the nuisance persists, she can file a claim before the civil court for damages. Preventive advice: installing soundproofing or mediation could be cheaper than litigation.

2

Landlord faces tenant's loud parties

Pierre, a landlord in Paris, receives complaints from other tenants about his tenant throwing loud parties every weekend for 2 months. He has not sent any formal notice to the tenant.

Practical application:

Even without a formal notice, Pierre can seek compensation for the nuisance under this case law. He should first send a registered letter to the tenant citing the lease clause on peaceful enjoyment. If the nuisance continues, he can sue for damages or even eviction. Preventive measures include including a clause in the lease prohibiting excessive noise.

3

Co-owner disturbed by construction work

Sophie, a co-owner in a building in Marseille, suffers from excessive noise and dust due to renovation works in the apartment above, lasting 3 months. She has not formally notified the neighbour or the syndic.

Practical application:

Sophie can claim compensation for abnormal nuisance even without prior formal notice. She should document the nuisance with photos and a diary, then send a registered letter to the neighbour and the syndic. If the nuisance persists, she can file a claim in court. The syndic should also be reminded of its duty to enforce the co-ownership rules.

Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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