Common Courtyard Easement in Marseille: Rights and Obligations of Each Co-Owner

PROPERTY LAW — EASEMENT

In Marseille apartment buildings, particularly in the Panier or Noailles districts, the interior courtyard is often shared between several owners through a common courtyard easement. This is not joint ownership — it’s a reciprocal right of use. And when one owner wants to modify the courtyard by installing a bike shed, a terrace or a barbecue, conflicts erupt. Here’s what the law says and how these disputes get settled.

1. What is a common courtyard easement?

A common courtyard easement is a conventional easement (Art. 686 of the French Civil Code) that allows several owners to use the same courtyard. Each owner holds title to their own plot of land, but all have a right of use over the whole. This type of easement is very common in Marseille’s older buildings, where the courtyard provides access, light and ventilation for several buildings.

Note: a common courtyard easement is not joint ownership. Each owner remains the sole owner of their lot. The right of use is limited to what is necessary for the courtyard’s intended purpose.

2. Owners’ rights

• Move freely through the courtyard
• Access their home via the courtyard
• Park temporarily to load or unload
• Organise occasional gatherings
• Install potted (movable) plants without obstructing passage
• Right-to-view easement in Nice: angle calculation and statutory distance (Art. 678-680 Civil Code)
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3. Obligations and prohibitions

• Not reduce the courtyard’s surface area without the agreement of all beneficiaries
• Not park permanently if the courtyard also serves as a passageway
• Not store equipment or bulky items
• Not alter the flow of rainwater
• Maintain their portion of the courtyard (sweeping, weeding)
• Contribute to the maintenance costs of shared areas (piping, lighting) — in proportion to the value of their lot
• Right-to-view easement in Nice: angle calculation and statutory distance (Art. 678-680 Civil Code)
• Off-plan sale sea view in Antibes: contractual guarantee not honoured — what can you do?

4. Common disputes in Marseille and how to resolve them

Dispute 1: An owner wants to close off the courtyard with a gate

A gate that restricts access can be imposed if a majority of owners vote for it (depending on how the rights are allocated). But if a single owner installs one without agreement, it breaches the easement. Possible action: summary proceedings (référé) to have it removed, with a daily penalty for non-compliance.

Dispute 2: A neighbour installs a wooden deck in the courtyard

If the deck is fixed and occupies part of the courtyard, it may constitute an encroachment on the other owners’ right of use. But if it’s removable and doesn’t obstruct passage, it is generally tolerated. In the event of a dispute, the judge assesses each case individually (Aix-en-Provence Court of Appeal, 12 January 2021).

Dispute 3: Who pays for repairs to pipework under the courtyard?

Pipework serving several owners is considered a « shared part » of the easement. Repair costs are split among all beneficiaries of the easement, in proportion to the value of their lot. If an owner refuses to pay, the others can bring the matter before the Marseille judicial court to recover the amount owed.

5. Procedure in the event of a dispute

Before going to court, attempt conciliation:

• Convene a meeting of all the owners concerned
• Have a bailiff’s report drawn up if necessary (€200-250)
• Put forward a written amicable proposal
• Right-to-view easement in Nice: angle calculation and statutory distance (Art. 678-680 Civil Code)
• Off-plan sale sea view in Antibes: contractual guarantee not honoured — what can you do?

If conciliation fails, bring the matter before the Marseille judicial court. The judge can:

• Order the removal of unauthorised installations
• Set the rules for use of the courtyard
• Order the offending owner to pay damages
• Appoint an expert to assess the losses
• Right-to-view easement in Nice: angle calculation and statutory distance (Art. 678-680 Civil Code)
• Off-plan sale sea view in Antibes: contractual guarantee not honoured — what can you do?

Case study: Marseille, Panier district

In a 17th-century building on rue du Panier, six owners shared a common courtyard. One of them had installed a fixed outdoor kitchen with a built-in barbecue, reducing the passage area by 30%. The other five owners took him to court. The court ordered the kitchen demolished and ordered the owner to pay €2,000 in damages for loss of enjoyment, plus expert fees.

Further reading

• Non aedificandi easement in Toulon: what can you build on encumbered land? Demolition or tolerance?
• Right-to-view easement in Nice: angle calculation and statutory distance (Art. 678-680 Civil Code)
• Off-plan sale sea view in Antibes: contractual guarantee not honoured — what can you do?

📅 Updated 29/07/2026 — By Cassini Expertise, independent building expert serving the Alpes-Maritimes & Var. Free quote: 04 22 46 06 04.

Frequently asked questions

What is a common courtyard easement in Marseille?

A common courtyard easement is a right granted to certain co-owners to use a courtyard located on another plot, often for access or natural light. In Marseille, it is governed by the Civil Code and by co-ownership regulations, and its use must respect the courtyard’s intended purpose.

What rights do co-owners have over a common courtyard?

Beneficiary co-owners have the right to access the courtyard, to use it for passage, and to benefit from the light and ventilation it provides. They must nonetheless respect any restrictions set out in the title deed or the co-ownership regulations, and must not make exclusive use of it.

What obligations do co-owners have regarding maintenance of the common courtyard?

Maintenance of the common courtyard generally falls to all co-owners who use it, in proportion to their rights. Repair and cleaning costs are split according to each owner’s share, unless otherwise stated. Each owner must also avoid damaging the courtyard and must comply with safety rules.

📅 Mis à jour le 26/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).