# Amicable Boundary Survey Impossible in Nice: What to Do > # Amicable Boundary Survey Impossible in Nice: What to Do When Your Neighbor Refuses **LAND - CÔTE D'AZUR** You've bought a villa in Nice, up in the hills of Cimiez. The garden i - URL : https://cassini-expertise.fr/en/amicable-boundary-survey-refused-nice/ - Langue : en-US - Mis à jour : 2026-11-02 - Site : Cassini Expertise (https://cassini-expertise.fr/) {“@context”: “https://schema.org”, “@type”: “FAQPage”, “mainEntity”: [{“@type”: “Question”, “name”: “Does the expert come to my property, or do I need to travel?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “The expert comes to your property, on site. The visit lasts 2 to 3 hours depending on the size of the land. The expert who visits is the one who inspects and signs the report.”}}, {“@type”: “Question”, “name”: “Is the expert quote really free?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Yes. The quote is free, detailed, and comes with no obligation. You know exactly what you’re paying for before you decide. No work or materials will be sold to you afterward – the expert is independent.”}}, {“@type”: “Question”, “name”: “What happens if I do nothing?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “It depends on the issue: a crack that keeps growing can compromise the structure. Water infiltration can rot the roof frame. A waterproofing defect can degrade the insulation. The longer you wait, the more expensive the repairs become.”}}, {“@type”: “Question”, “name”: “Does the expert work with my lawyer?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Yes. The expert report is written so it can be used in an amicable settlement or in court proceedings. It is enforceable against an insurer, a property manager, a contractor, or before a court.”}}]} LAND – CÔTE D’AZUR You’ve bought a villa in [Nice](https://cassini-expertise.fr/nice-secheresse-argile-fissures-donnees-officielles/), up in the hills of Cimiez. The garden is beautiful, but the boundary with the neighbour is unclear. You propose an amicable boundary survey. He refuses. The vast majority of boundary disputes in the Alpes-Maritimes end up in court. Why? Because everyone believes they hold the truth with their own cadastral map and tape measure. ## What you see – and what it’s really hiding ![amicable boundary survey impossible in nice legal procedure - Cassini Expertise](https://cassini-expertise.fr/wp-content/uploads/2026/09/avant-achat-maison.webp) *Cassini Expertise – independent building expert* On the ground, you see an old wire fence, a leaning low wall, a century-old olive tree. You measure 12 metres from the edge of the road. Your neighbour measures 11.50 m. Who’s right? What I often find: property owners compare cadastral maps at different scales, or worse, use Géoportail without correcting for parallax. One property owner had measured with Google Maps: a 3.20 m error. The cadastral register is not a surveying document – it’s a tax representation. The only truth is on the ground. Boundary survey principle: contradictory measurement ## The calculations that change everything: professional survey tolerances A boundary survey isn’t done with a tape measure. Surveyors use a Leica TS16 total station (angular precision 1″, distance ±1 mm + 1.5 ppm) or GNSS RTK in RGF93/Lambert 93 (planimetric precision ±1 cm). The distance between two existing markers is measured. Professional survey precision is in the centimetre range: survey documents are graded in precision classes (order of 16 September 2003), and uncertainty grows with the distance measured. Concrete example: you measure 12.00 m, the neighbour measures 11.50 m. Difference = 0.50 m. For a 12 m distance, a professional survey’s uncertainty stays in the centimetre range: a 0.50 m gap dwarfs it. What this means in practice: an amicable boundary survey is impossible because the positions are too far apart. The court will have to rule based on a court-appointed expert. ## What happens if you do nothing Time is working against you. Without a boundary survey, adverse possession (30 years) could allow the neighbour to claim part of your land. In Nice, given land pressure, a square metre is worth between €500 and €2,000. An encroachment of 5 m² means a loss of €2,500 to €10,000. In 6 months, the neighbour builds a wall. In 2 years, he fences it off. In 5 years, you can no longer prove the boundary. Court expert fees (€3,000 to €5,000) are far lower than the cost of a lawsuit over encroachment. Frankly, act now. ## Recourse and [guarantee](https://cassini-expertise.fr/expertise-dommages-ouvrage-06-83/)s: what you can demand Article 646 of the French Civil Code states: « Any property owner may require their neighbor to carry out a boundary survey of their adjoining properties. » A boundary survey is a right. If the neighbor refuses an amicable survey, you must file a claim with the Nice judicial court. The procedure is straightforward: a boundary-setting action (Art. 646 of the Civil Code). The judge appoints a chartered surveying expert (géomètre-expert). Costs are shared. In Nice, expect 6 to 12 months to obtain a ruling. Once the court-ordered boundary survey is issued, the markers become permanent. Send a formal notice by registered letter with acknowledgement of receipt, then consult a real estate lawyer. I can assist you as a surveying expert. For a boundary survey anywhere in the 06, 83 and 13 departments: our land boundary survey service. 📅 **Updated on 25/07/2026** – By **Cassini Expertise**, independent building expert for the 06, 83 & 13. Free quote: [04 22 46 06 04](tel:+33422460604). **Read more:** - [Cadastral marker moved on your property in Grasse? Proof by GNSS survey and legal recourse](https://cassini-expertise.fr/borne-cadastrale-deplacee-preuve-leve-gnss-recours-grasse/) - Boundary dispute: survey and counter-survey expertise (06, 83 and 13) - [Property boundary delimitation before buying – Why it’s essential](https://cassini-expertise.fr/delimitation-propriete-avant-achat-immobilier/) ## Frequently asked questions ### Amicable boundary survey refused by the neighbour, what should you do? If the neighbour refuses an amicable boundary survey, you can start legal proceedings. The court will then order a judicial boundary survey, carried out by a surveying expert appointed by the judge. Costs are generally shared between the parties. ### What is the timeframe for a judicial boundary survey in Nice? The timeframe for a judicial boundary survey can vary from several months to more than a year depending on the court’s workload and the complexity of the case. After filing the claim, a hearing is scheduled, then the surveyor intervenes. In practice, expect at least 6 to 12 months. ### How can I prove that my neighbour is refusing the boundary survey? It’s advisable to send a formal notice by registered letter with acknowledgement of receipt, requesting agreement on the choice of surveyor. Keep all correspondence and evidence of refusal. These elements will be essential to convince the judge of the need for a judicial boundary survey. --- Source : https://cassini-expertise.fr/en/amicable-boundary-survey-refused-nice/