Boundary Encroachment on Neighbouring Land — Legal Remedies and Procedure

Encroachment occurs when a property owner builds or extends beyond their property boundary. In the Alpes-Maritimes and Var departments, encroachment disputes are common due to high land prices and small plot sizes.

Types of Encroachment

• Construction: A wall, fence, swimming pool, or garden shed built partly on the neighbour’s land
• Planting: Trees or hedges extending beyond the boundary
• Occupation: Parking or storing materials on the neighbouring plot
• Easement issues: Non-compliant rights of way or water drainage

Available Legal Remedies

1. Contradictory boundary survey (bornage): To establish the exact property line
2. Formal notice: Demanding that the encroachment cease
3. Legal action: To obtain demolition or compensation

Claims for demolition of illegal constructions are not subject to any limitation period. However, a judge may refuse demolition if it would cause disproportionate harm, awarding damages instead.

Expert Assessment for Encroachment Disputes

Cassini Expertise carries out contradictory topographic surveys and produces expert reports that are admissible in court. We also assist lawyers with court-ordered expert assessments.

Encroachment and Property Sales: A Risk to Anticipate

An unresolved encroachment can block a sale: the notary, bound by a duty of advice, will often require it to be regularised before signing — through demolition, a formal easement, or an agreement transferring the encroached strip of land. Commissioning a contradictory topographic survey before listing a property helps avoid this last-minute hold-up and the tension it creates with the buyer.

Long-Standing Encroachment: Does the Limitation Period Apply?

Contrary to popular belief, the thirty-year limitation period does not automatically regularise a built encroachment: the affected owner generally retains the right to seek demolition for as long as the structure exists, with no time limit, save for specific circumstances recognised by case law. This is a frequently misunderstood point that warrants a case-by-case analysis.

Swimming Pools: The Most Common Encroachment Case on the French Riviera

Swimming pools built on the boundary of narrow coastal plots along the French Riviera are among the most frequent sources of disputes handled by Cassini Expertise, due both to their large footprint and the difficulty of relocating them once built — which makes a prior topographic survey particularly strategic before any pool project near a boundary line.

FAQ

Does an encroachment of just a few centimetres justify legal action? Legally, yes — the principle being that property rights are not divisible even for a minor encroachment; in practice, an amicable solution (transferring the strip of land, or an easement) is often preferred for minor cases.

What is the average cost of a contradictory topographic survey? It varies depending on the terrain, but is generally far lower than the cost of prolonged litigation or partial demolition.

Cassini Expertise — Encroachment expert assessments in the Alpes-Maritimes (06) & Var (83). Request an assessment →

📅 Updated on 12/08/2026 — By Cassini Expertise, independent building expert for the Alpes-Maritimes (06) & Var (83). Free quote: 04 22 46 06 04.

Frequently Asked Questions

What should I do if a neighbour encroaches on my land?

In the event of an encroachment, it’s best to first contact your neighbour to seek an amicable solution. If no agreement is reached, you can take legal action to have the encroachment stopped and claim damages. It is advisable to consult a lawyer specialising in real estate law.

What is the time limit for taking action against an encroachment?

The time limit for acting against an encroachment is generally 30 years from when it occurred, since this is treated as a real property action. However, this period may be affected if the encroachment is deemed an easement acquired through adverse possession, which is also 30 years. It’s important to check the specifics of your local situation.

Can I obtain compensation for an encroachment on my land?

Yes, if the encroachment causes harm, you can claim compensation. The amount is generally calculated based on the loss in land value or lost income. A judge may also order demolition of the encroaching structure if it is deemed illegal.

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