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Encroachment occurs when a construction (wall, foundation, roof, balcony) crosses the boundary line and extends onto the neighbouring property. This is a breach of property rights, strictly governed by case law. Here’s how to respond.
The principle: encroachment justifies demolition
Unlike other disputes, encroachment onto another party’s land entitles the owner to demand demolition of the encroaching section, without needing to prove any damage (settled case law from the French Court of Cassation). The encroached-upon owner can demand restoration, even if demolition is disproportionate to the offence.
Establishing the encroachment
- Joint boundary survey: to establish the exact property line.
- Topographic survey: to position the construction relative to the boundary.
- Bailiff’s report: to formally record the encroachment on site.
- Boundary fence encroachment in Antibes: joint total-station survey to assert your rights
Legal remedies
- Demolition claim: the judge orders removal of the encroaching section.
- Damages: in addition, to compensate for the harm suffered.
- Regularisation: purchase of the strip of land or a right of way, if the encroaching party acted in good faith and the neighbour agrees.
The building expert and the urban planning expert establish precisely the extent of the encroachment and the terms for resolution. The issue is closely related to boundary surveys and property lines.
Go further
- Right of way and right to a view: rights, disputes, and expertise (06, 83 and 13)
- Party walls: the rules on shared walls and common disputes
Technical points covered
As part of this expert assessment, we analyse the following technical aspects: applicable standards (NF P 90-500, DTU, Eurocodes), materials used, workmanship, and regulatory compliance. Our approach is rigorous and based on a proven methodology to guarantee reliable, legally enforceable results.
📅 Updated on 11/08/2026 – By Cassini Expertise, independent building expert covering the 06, 83 & 13 departments. Free quote: 04 22 46 06 04.
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Frequently asked questions
How do you establish a construction encroachment?
To establish an encroachment, you need to compare the actual property boundaries (boundary markers, land registry) with the existing construction. A licensed surveyor can carry out a boundary survey and precise measurements to determine whether the construction crosses the line. If in doubt, it’s advisable to call in a professional to obtain an official record.
What should I do if my neighbour’s construction encroaches on my land?
In the event of encroachment, it’s advisable to first discuss the matter amicably with your neighbour to find a solution. If no agreement is reached, you can send a formal notice demanding that the encroachment cease. As a last resort, you can take legal action to have the encroachment stopped and obtain damages.
What is the time limit for taking action against a construction encroachment?
The time limit depends on the nature of the encroachment. For a demolition claim, the limitation period is generally 30 years from the date of construction. However, if the encroachment is minor and the neighbour acted in good faith, the time limit may be shorter. It’s essential to consult a lawyer to assess the time limit that applies to your situation.
Related reading: Defects Found Mid-Construction: Stop, Document, Act · Neighbour’s Roof and Gutter Overhanging Your Land in Nice · New-Build Encroachment on Your Boundary in La Seyne-sur-Mer
Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more
📅 Last updated 02/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.