Boundaries and neighbour nuisance in France: remedies

Boundary-fixing: what it is for and who can request it

The bornage (boundary-fixing) sets the exact line between two private plots and marks it with bornes (boundary markers). It is not the same as the fence or the cadastre (land registry map), which does not guarantee the actual boundaries (service-public.gouv.fr, fact sheet F3037).

It is not compulsory in itself, but the neighbour cannot object once an owner requests it. It is impossible if a definitive boundary-fixing already exists, and it does not apply alongside public land, which is governed by the alignement (the line set by the authorities between public and private land) (service-public.gouv.fr).

Who can request it: the owner, the future buyer, the usufruitier (holder of the usufruct, the right to use the property), the nu-propriétaire (bare owner) and the heir (service-public.gouv.fr).

Amicable, then court boundary-fixing: the procedure

1. Amicable boundary-fixing. Notify your neighbour, preferably by registered letter with acknowledgement of receipt. The law imposes no particular form, but in practice the boundary is fixed by a géomètre-expert. They examine the title deeds, place the markers and draw up a procès-verbal de bornage (boundary report) together with a plan. Once signed by both neighbours, this report can no longer be challenged and no court boundary-fixing is possible. Its publication at the service de la publicité foncière (land registry), carried out by a notaire (notary), is optional but makes it binding on everyone, including heirs and buyers (service-public.gouv.fr).

2. Attempt at an amicable settlement. In the event of disagreement or refusal, you must go through a conciliateur de justice (court conciliator, free of charge), a mediator (paid) or a procédure participative with a lawyer. This step is compulsory before going to the judge, since boundary-fixing actions are among those for which article 750-1 requires a prior settlement attempt (service-public.gouv.fr; code de procédure civile (Code of Civil Procedure), art. 750-1; code de l’organisation judiciaire (Code of Judicial Organisation), art. R211-3-4).

3. Court boundary-fixing. The tribunal judiciaire for the place where the land is located appoints a géomètre-expert and then sets the boundary by judgment. This remedy is available at any time, with no limitation period whatsoever (service-public.gouv.fr).

Who pays? In an amicable procedure, the géomètre-expert’s fees are generally shared equally between the neighbours, unless otherwise agreed. In court, the judge can split them or charge them entirely to the neighbour who refused (service-public.gouv.fr; art. 646).

Moved markers. Moving or removing a boundary marker is a criminal offence (complaint to the police, the gendarmerie or the public prosecutor). An urgent application (référé) can be used to have them restored (service-public.gouv.fr; code pénal (Criminal Code), art. R635-1).

Abnormal neighbour nuisance since the Act of 15 April 2024

The principle. Since 17 April 2024, article 1253 of the Civil Code provides that the owner, the tenant, the occupier without title, the holder of a right of occupation or operation, or the maître d’ouvrage (the client commissioning building works) “who is the source of a nuisance exceeding the normal inconveniences of neighbourhood is strictly liable for the resulting damage” (Légifrance). There is no need to prove fault: you must prove an abnormal nuisance.

The prior-activity exception. This liability does not arise if the nuisance comes from activities, of whatever nature, that existed before the deed that transferred to you the ownership or use of the property, or failing that before you took possession. These activities must comply with the laws and regulations and have continued under the same conditions or without the nuisance getting worse (art. 1253, para. 2, subject to article L311-1-1 of the code rural (Rural Code) for agriculture).

How does the judge assess abnormality? Service-public.gouv.fr mentions the character of the area (rural, residential, industrial), the intensity, duration and frequency of the nuisance, the circumstances, and any irregularity in the installation. Fault is not required, but it makes proof easier (fact sheet F19299).

Stopping a nuisance: the steps

For a nuisance coming from a home, service-public.gouv.fr recommends (fact sheet F19299):

1. speak to the person causing the nuisance;
2. write to them by ordinary letter, then by registered letter giving formal notice (mise en demeure). If they are a tenant, also write to the landlord, who is responsible for their tenant’s nuisance; in a copropriété (building in co-ownership), inform the syndic (building manager);
3. try an amicable settlement (conciliator, mediator, procédure participative), which is compulsory before going to court;
4. go to the judge to have the nuisance established and its cessation ordered, if necessary subject to a daily penalty (astreinte), and to obtain damages.

Which court? The chambre de proximité (local chamber) for a dispute of €10,000 or less, where a lawyer is not compulsory; the tribunal judiciaire above €10,000, for an unspecified amount or in urgent proceedings (référé), where a lawyer is compulsory (fact sheet F19299). For building works, the local resident goes to the tribunal judiciaire for the place where the building is located if the works are private (fact sheet F31117).

Useful evidence: letters exchanged, an official report by a commissaire de justice (judicial officer, formerly bailiff), statements from neighbours, expert reports, a medical certificate, evidence of the loss in value of the property (fact sheet F19299).

Which professional to consult

The géomètre-expert (chartered land surveyor) examines the title deeds, places the markers and draws up the boundary report; it is also the géomètre-expert whom the court appoints for a court boundary-fixing (service-public.gouv.fr). To publish the report and make it binding on future buyers, contact a notaire (notary). Before buying, the agent immobilier (estate agent) can tell you whether the land has already had its boundaries fixed.