PROPERTY LAW — ENCROACHMENT
Your neighbor is building an extension, a garage or a pool. The workers are on site, the concrete is being poured, and you realize the building extends beyond your property line. Every day that passes, the encroachment gets worse and demolishing it becomes harder. In La Seyne-sur-Mer as elsewhere, this kind of emergency calls for an immediate, methodical response. Here’s exactly what to do.
1. Immediate halt of the works: the « voie de fait »
If construction is not yet finished, you can obtain an immediate halt to the works through an emergency court order (référé). The concept of « voie de fait » (a flagrant unlawful act) is useful here: if the building encroaches on your land without legal title, it constitutes a clear violation of your property rights. The judge can order an immediate halt to the works, backed by a daily penalty.
Warning: don’t wait! Once construction is complete, demolition becomes far more complex and costly. A judge may find demolition disproportionate if the encroachment is minor.
2. The bailiff’s report: your key piece of evidence
Bring in a court bailiff (commissaire de justice) urgently — within 24 to 48 hours. Their report must record:
- The distance between the construction and the presumed property line
- The dimensions of the encroachment
- The current stage of the works
- Before/after photos where possible
This report is essential: without it, a judge may dismiss your claim for lack of evidence. Cost: roughly €200 to €250 for a straightforward on-site report.
3. Emergency interim proceedings (référé)
File an emergency summons before the interim relief judge (juge des référés) at the Toulon judicial court, which has jurisdiction over La Seyne. You don’t need a lawyer to request a bailiff’s report, but a lawyer is recommended if you want the works halted.
Timeline: a ruling can be issued within 8 to 15 days. The judge can order:
- Immediate suspension of the works
- A deposit of funds by the builder to guarantee future demolition
- A court-appointed expert assessment to precisely measure the encroachment
- A daily penalty of €100 to €500 for each day the works continue
4. Prior land surveying (bornage): heading off the dispute
Ideally, you should have a formal boundary survey done before your neighbor starts building. If you don’t have one and construction is already underway, request an emergency court-ordered boundary survey. The judge can appoint a surveying expert who will establish the exact boundary within 1 to 2 months. This survey will then serve as the reference point for the rest of the proceedings.
5. Remedies once construction is complete
If the building is already finished, you have two options:
- Demolition: a judge can order it if the encroachment is significant and demolition isn’t disproportionate. Case law has upheld demolition orders for encroachments as small as 15 cm (Aix-en-Provence Court of Appeal, 12 September 2019).
- Damages: if demolition isn’t possible (co-owned building, minor encroachment), you can obtain compensation equal to the value of the land you lost.
Case study: La Seyne, La Vernette district
A homeowner was building a garage right at the property line. When the foundations were poured, the neighbor noticed the boundary was off. They immediately called in a court bailiff. The report revealed an 18 cm encroachment. An emergency summons was filed within 48 hours. The judge ordered (1) an immediate halt to the works, (2) an expert assessment to verify the plans, and (3) demolition of the encroaching section at the builder’s expense. The project resumed 3 months later — after the demolition and a 25 cm setback.
Going further
📅 Updated 29/08/2026 — By Cassini Expertise, independent building expert covering the 06 & 83 departments. Free quote: 04 22 46 06 04.
Going further:
Frequently asked questions
What should I do if my neighbor is building on my property?
If there’s an encroachment, you should first send a formal written notice to your neighbor demanding an immediate halt to the works and demolition of the encroaching section. If no amicable solution is found, you can apply to the interim relief judge for an emergency measure, such as suspending the works or ordering a court expert assessment.
What is the time limit for taking action over an encroachment?
You have 5 years from the date you became aware of the encroachment to bring legal proceedings. However, in an emergency, you can act quickly through interim proceedings (référé) to stop the disturbance without waiting for a ruling on the merits.
What remedies are available for encroachment on a property line?
You can apply to the judicial court to obtain demolition of the construction and damages. Through interim proceedings, you can request suspension of the works or a court-appointed expert assessment to evaluate the situation. It’s advisable to consult a lawyer specializing in construction law to choose the right course of action.
Cassini Expertise
Expert du bâtiment indépendant — Antibes (06·83·13·40)
📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).