# Pool on the Property Boundary in Antibes: Survey Remedies

> Neighbour disputing your Antibes pool's boundary line? Get facts from an independent expert before going to court. Call 04 22 46 06 04.

- URL : https://cassini-expertise.fr/en/pool-property-boundary-survey-antibes/
- Langue : en-US
- Mis à jour : 2026-11-06
- Site : Cassini Expertise (https://cassini-expertise.fr/)

Legal boundary determination (bornage) is reserved to chartered surveyors registered with the Ordre des Géomètres-Experts. Cassini Expertise does not carry out bornage: we provide **technical assistance** – reviewing surveys, checking plans and dimensions, and building the challenge file alongside your surveyor or lawyer.

## The problem: a swimming pool contested at the property boundary in [Antibes](https://cassini-expertise.fr/antibes-secheresse-argile-fissures-donnees-officielles/)

![pool property boundary survey antibes - Cassini Expertise](https://cassini-expertise.fr/wp-content/uploads/2026/09/avant-achat-maison.webp)

*Cassini Expertise – independent building expertise*

An owner in Antibes has had a pool built in the garden. The neighbour contests its position, arguing that it encroaches on their land or breaches planning rules. The owner believed they had respected the required setbacks, relying on an old cadastral plan and the existing fence. But the cadastre has no legal value for determining property boundaries (Article 1 of Decree No. 55-471 of 30 April 1955: the cadastral plan is drawn up solely for the assessment and distribution of land tax). Only a contradictory boundary survey carries legal weight.

This type of dispute turns on two separate questions: the actual property line (bornage) and compliance with local planning rules (the local plan, or PLU, of the Sophia Antipolis agglomeration community – CASA – which covers Antibes). Article 674 of the Civil Code, often cited in error, concerns views (windows, balconies) and not swimming pools. The setback applicable to pools is set exclusively by the PLU.

## What the owner observes – and what may be hidden

The owner notes that the pool lines up with the fence and measures a setback that appears to comply with the PLU rules. But several factors can distort that first reading:

- the fence does not necessarily sit on the actual boundary; it may have been installed without a prior boundary survey;
- an old cadastral plan, even dated 1985, does not fix boundaries with the necessary precision (cadastral accuracy in urban areas is in the order of 20 to 50 cm);
- the PLU applicable in Antibes can set varying setbacks depending on the zone (UB, UC, UE…), the depth of the pool basin and the nature of the structure (in-ground or semi in-ground).

Consider the case of a buyer who discovers, after the neighbour’s challenge, that the fence they relied on sits several tens of centimetres off the cadastral line – itself imprecise. Only a contradictory boundary survey, carried out by a chartered surveyor, legally fixes the boundary.

## The applicable rules: CASA PLU and Civil Code

### The CASA PLU: mandatory setbacks

The CASA PLU (available on the CASA website and on the urban planning Geoportal) sets, for each zone, how buildings may be positioned in relation to boundary lines. In the UB zones (dense residential areas) of Antibes, the rules generally impose a minimum setback of 3 metres for annex structures, and may prescribe specific setbacks for in-ground pools deeper than 1.20 m.

These requirements must be checked case by case against the rules applying to the individual plot. If they are breached, the neighbouring owner can seek a compliance order or the demolition of the non-compliant structure.

### Boundary surveys: Article 646 of the Civil Code

Article 646 of the Civil Code states: “Any owner may compel their neighbour to fix the boundary of their adjoining properties. The boundary shall be fixed in court or by surveyors appointed jointly.” An amicable boundary survey is carried out by a chartered surveyor instructed jointly by both neighbours. If they cannot agree, a judicial boundary survey is ordered by the Grasse judicial court (competent for Antibes), which appoints a surveyor to determine the line. A judicial boundary survey is final and binds both parties.

### Encroachment: Article 545 of the Civil Code

Article 545 protects ownership: “No one may be compelled to give up their property unless it is for public interest and against fair and prior compensation.” Where encroachment is established, the affected owner can demand the structure be put back in compliance (demolition) or, failing that, financial compensation.

### Views rules are not pool rules

The Civil Code imposes a minimum distance of 1.90 m (nineteen decimetres) only for direct views – windows, French windows or balconies overlooking the neighbour’s land (Blog 678 and 679). A pool creates no “view”, so these provisions do not apply to it. The setback for a pool is governed exclusively by the PLU.

## Cassini’s method for boundary disputes

Cassini Expertise works on boundary and encroachment disputes using a rigorous, standards-based method:

- **Preliminary analysis**: review of existing survey documents (cadastral plans, earlier boundary surveys, cadastral matrices), and of the PLU applying to the plot.
- **On-site topographic survey**: mapping in Lambert 93 (the official projection), recording existing boundary markers, distances measured to the centimetre using a total station and GNSS RTK where required.
- **Contradictory review**: on-site meeting with the parties or their representatives, identification of the points of disagreement.
- **Technical report**: written findings with a location plan, a proposed boundary plan, the calculation of the contested areas, the legal qualification (encroachment, breach of the PLU) and the cost of reinstatement.

This work either supports the Grasse judicial court if proceedings follow, or facilitates an amicable settlement between neighbours.

## Possible consequences of non-compliance

If the pool genuinely encroaches on the neighbouring property or breaches the PLU, several outcomes are possible:

- **Court-ordered demolition**: the Grasse judicial court can order reinstatement at the offending owner’s expense, backed by a daily penalty for delay.
- **Damages**: the affected neighbour can obtain compensation for loss of enjoyment, the depreciation of their property, and legal and expert costs, from the owner at fault.
- **Contractual easement**: in certain cases, where the encroachment is minor and the PLU allows, the parties may agree a reduced-setback easement, formalised by notarial deed and registered.

Shrink-swell clay soils, present in parts of Antibes (low to medium hazard on the BRGM maps), can add to the problem if the pool foundations were not designed for the ground. A geotechnical survey to standard NF P 94-500 is recommended in exposed sectors.

## What to do when a pool is contested

If your Antibes pool is contested by a neighbour:

- demolish nothing without legal advice: premature demolition can worsen your position if the challenge turns out to be unfounded;
- propose an amicable, contradictory boundary survey by a chartered surveyor: it fixes the boundary definitively and can avoid costly litigation;
- check the PLU applying to your plot (available from the Antibes town hall or on the urban planning Geoportal) to confirm the exact setbacks;
- commission an independent expert assessment before going to court: the expert establishes the facts (actual distances, PLU compliance, any encroachment) and quantifies the stakes;
- send the neighbour a registered letter with acknowledgement of receipt proposing an amicable solution (contractual easement, compensation, contradictory survey).

If disagreement persists, the Grasse judicial court, competent for Antibes, can be petitioned to order a judicial boundary survey and rule on demolition or compensation claims.

## A complementary legal dimension

For a deeper look at boundary surveys and the weight of old, non-contradictory plans, see a lawyer’s case-law analysis of earlier non-contradictory boundary surveys and what case law says.

In any property boundary dispute involving a pool in Antibes, Cassini Expertise establishes the facts precisely, in line with topographic standards and the applicable legal framework. Contact us on **04 22 46 06 04** for a free quote – we reply within 24 working hours, and the report is delivered within 2 to 5 working days of the visit.

Our reading of boundary surveys: [who carries them out, when and why](https://cassini-expertise.fr/bornage-terrain-alpes-maritimes-qui-quand/).

**Further reading:** [IGN Orthophoto vs Cadastral Plan: Planimetric Discrepancies in Nice](https://cassini-expertise.fr/en/ign-orthophoto-cadastral-discrepancy-nice/) · [Party Wall Over the Legal Height in Marseille: What to Do](https://cassini-expertise.fr/en/party-wall-height-marseille/)

---
Source : https://cassini-expertise.fr/en/pool-property-boundary-survey-antibes/