Aller au contenu principal
The project owner having caused a
Droit Foncier

The project owner having caused a

📅 Decision of 25 May 2005🔄 Updated on 15 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

The project owner who has caused a nuisance exceeding the normal inconveniences of neighbourhood and who has been ordered to compensate the victim neighbour jointly and severally with the builders cannot, in his dealings with the latter, retain a share of the compensation at his own expense unless his wrongful interference or deliberate acceptance of risks is proven.

Reference decision: cc • N° 03-19.286 • 2005-05-25 • Consult the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The project owner who has caused a nuisance exceeding the normal inconveniences of neighbourhood and who has been ordered to compensate the victim neighbour jointly and severally with the builders cannot, in his dealings with the latter, retain a share of the compensation at his own expense unless his wrongful interference or deliberate acceptance of risks is proven.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation servitudes  |  → Browse all our legal articles

Legal information

  • Number: 03-19.286
  • Court: Cour de cassation
  • Decision of: 25 May 2005

Keywords

droit immobilierjurisprudencefoncier
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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide