Boundary Encroachment Fence in Antibes: Contradictory Total Station Survey to Assert Your Rights

PROPERTY LAW — ENCROACHMENT

You bought a house in Antibes, sea view, in the Badine neighborhood. The boundary survey plan dates back to 1985. Last year, your neighbor replaced the old fence with a stone wall. Since then, you’ve had a doubt: they may have gained 30 cm on your land. You measure with a ruler, you check Géoportail, but nothing matches. A bailiff’s report? It only records the facts, it doesn’t measure with precision. What you need is a contradictory topographic survey using a total station.

What you see — and what it’s really hiding

The wall looks straight, well aligned with the street. But the land slopes, and the old boundary markers have disappeared. The cadastral plan, at a 1:1000 scale, isn’t precise enough to settle the matter. This kind of situation often reveals an 18 cm discrepancy at the back of the plot, invisible to the naked eye. The owner had relied on the paper boundary survey plan, without accounting for distortion of the medium.

What nobody tells you: a simple laser distance meter isn’t enough. You need a Leica TS16 total station with 1″ angular accuracy and a 500 m range. Set up over a known point in the Lambert 93 coordinate system, every angle and distance is measured. Calculating the coordinates lets you overlay the actual fence onto the vector cadastral plan. That’s where the encroachment becomes clear.

The calculation that changes everything: the root mean square error

The accuracy of a total station survey is calculated using the root mean square error (RMSE): RMSE = √(σ₁² + σ₂²), where σ₁ is the standard deviation of the distance measurement (±3 mm for a Leica TS16) and σ₂ is that of the angular measurement (1″, or about 0.5 mm at 100 m). For a station 30 m from the fence, RMSE = √(3² + 0.5²) ≈ 3.04 mm. In practice, you add the calibration uncertainty on the boundary markers (±5 mm), giving a total RMSE of about 6 mm. An encroachment of 15 cm is therefore 25 times greater than the survey tolerance. It’s indisputable.

Specifically, in Antibes, on a plot with a 15% slope, the horizontal projection is essential. Slope is calculated as: slope = Δh/L × 100. If the elevation difference between two markers is 1.5 m over a horizontal distance of 10 m, the slope is 15%. The total station measures the horizontal distance directly, avoiding tape-measure errors. The result leaves no doubt: the fence encroaches 15 cm onto your land. Under Article 545 of the French Civil Code (paragraph 1: « No one may be compelled to give up their property, except for a public purpose… ») and Article 555 (paragraph 2: « The owner of the land may demand the demolition of constructions, plantings or works… »), you are entitled to demand removal of the encroachment.

What happens if you do nothing

Within 6 months, the wall stays stable. But in 2 years, the roots of neighboring hedges could destabilize it, worsening the encroachment. If you sell, the buyer may demand a regularization, and the price will drop by 10 to 15% for an unresolved encroachment. It’s not uncommon to see a case in Juan-les-Pins where a 20 cm encroachment blocked a sale for 8 months, with legal fees of €5,000.

Over the long term (5 years), runoff water can seep in alongside the misplaced wall, causing ground movement. In the Alpes-Maritimes, expansive clay soils worsen cracking. The cost of remediation can reach €20,000.

Remedies and guarantees: what you can demand

The applicable protection is found in Articles 545 and 555 of the French Civil Code. You must send a registered letter with acknowledgment of receipt to your neighbor, detailing the encroachment and requesting its removal within 30 days. Attach the contradictory survey report. If they refuse, take the matter to the Grasse judicial court (interim expert proceedings). A court-appointed expert can order demolition at the neighbor’s expense. Frankly, act quickly: the thirty-year prescription period applies, but it’s better not to wait.

📅 Updated on 12/08/2026 — By Cassini Expertise, independent building expert covering the 06 & 83 departments. Free quote: 04 22 46 06 04.

Frequently asked questions

How do you prove an encroachment on a neighboring property in Antibes?

To prove an encroachment, you need to hire a licensed land surveyor to carry out a contradictory boundary survey. The total station allows precise measurement of property boundaries and confirmation of the encroachment. This measurement must be carried out in the presence of both parties to be legally valid.

What is the cost of a total station boundary survey in Antibes?

The cost of a contradictory boundary survey with a total station generally ranges from €800 to €2,000 in Antibes, depending on the size and complexity of the plot. This price includes travel, measurements and the surveyor’s report. It is often split between the two property owners involved.

What if my neighbor refuses the contradictory boundary survey?

If your neighbor refuses, you can send them a formal notice by registered letter. If they continue to refuse, you will need to apply to the judicial court to have a surveyor appointed by the court. A total station survey carried out under these conditions will carry legal evidentiary weight.

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).