The trial judges who recognised the

Reference decision: cc • No. 76-13.467 • 1978-02-01 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The trial judges who recognised the reality of the breaches of planning easements encumbering his property, committed by an owner in erecting a building, and the existence of direct and personal harm caused by these breaches to a neighbouring owner, rightly decide, since they do not note the impossibility of enforcing the specific performance sought, that the demolition of the irregularly erected building, with a view to bringing it into compliance, is the only measure capable of eliminating the disturbance suffered by the neighbouring owner.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

Strictly comply with the legal time limits for appeals
Keep all your supporting documents (title deeds, instruments, correspondence)
Be proactive: preventive advice always costs less than litigation

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

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Landlord's neighbour built extension blocking light in Nice

A landlord in Nice owns a top-floor flat with a balcony overlooking the sea. In 2022, the neighbour on the adjacent plot erected a two-metre-high extension wall without planning permission, which now blocks the light and sea view from the landlord's balcony, reducing the property's rental value by around €200 per month.

Practical application:

This case law confirms that a breach of planning easements causing direct harm to a neighbour justifies an order for demolition if no other remedy can stop the disturbance. The landlord should gather all evidence (photos, title deeds, correspondence with the neighbour) and engage a French real estate lawyer to seek an injunction for demolition before the building becomes permanent. Acting quickly is crucial because delays can weaken the claim for specific performance.

First-time buyer in Lyon inherited illegal garage extension

A couple bought a house in Lyon in 2023 for €350,000, unaware that the previous owner had built a garage in 2015 that violated the local setback easement: the garage is only 0.5 metres from the boundary instead of the required 3 metres. The neighbour has now threatened to sue for demolition of the garage.

Practical application:

As current owners, the buyers are responsible for bringing the property into compliance, even if they did not build the garage. They should immediately check their title deeds and the local planning rules (PLU), then consult a lawyer to assess the risk of a demolition order similar to the one in this case. If demolition is possible, negotiating a voluntary removal or seeking a settlement with the neighbour may be cheaper than defending a full court case.

Co-owner in Marseille installed AC unit on common wall

In a Marseille condominium, a co-owner installed an external air conditioning unit on a common wall in 2024, violating the building's co-ownership rules and a private easement that protects the façade. Another co-owner on the floor above suffers constant noise and vibration, and the unit blocks access to a small window used for ventilation.

Practical application:

The decision confirms that a neighbour who suffers direct and personal harm from an illegal construction can obtain its demolition as the only effective remedy. The affected co-owner should document the noise and obstruction with videos and a bailiff's report, then ask the syndic (property manager) to enforce the co-ownership rules. If the syndic fails to act, the co-owner can take legal action directly against the offending co-owner seeking removal of the unit under this case law.

The trial judges who recognised the

The situation

What the law says

Key takeaways

Legal information

Source

Keywords

Practical use cases

Landlord's neighbour built extension blocking light in Nice

First-time buyer in Lyon inherited illegal garage extension

Co-owner in Marseille installed AC unit on common wall

About the author

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Maître Zakine, Doctor of Law