Housing and property · Property · building encroachment
Building encroachment on a neighbour’s land in France
Building encroachment requires comparing the actual structure with property boundaries and title rights. An uncertain boundary, a wall crossing at ground level and an overhang need different evidence. Planning permission or temporary access does not transfer land to a neighbour. Gather title, boundary records and measurements before choosing relief; a photograph establishes neither a tolerated threshold nor an automatic remedy.
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- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Does the cadastral map alone determine ownership?
Let’s organise the encroachment file: title, boundary and building surveys.
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How do uncertain boundaries differ from encroachment?
Boundary determination establishes the division between adjoining properties. Encroachment then compares that boundary with the actual building. Keep title and agreed survey records; a cadastral line or old fence cannot resolve every ownership dispute.
Must foundations and overhangs also be examined?
Yes. Article 552 generally connects the space above and below with ownership of the ground. A ground-level facade survey may miss foundations, balconies or roofing. Read any titles and easements alongside the survey.
Which evidence addresses each dispute?
| Issue | Principal evidence |
|---|---|
| Who owns the land? | Title and claimed rights |
| Where is the boundary? | Agreed boundary record and plans |
| Where does the structure cross? | Ground, overhead or underground survey |
Which evidence will establish the alleged crossing?
Identify the boundary and relevant part of the structure first.
Fictional example · Your preparation worksheet
Establish the boundary before concluding that encroachment exists. A cadastral map alone does not settle ownership.
- Evidence to compare with title
- Dated photographs and plan to check
- Gather title deeds, attached plans and any boundary agreement.
- Have the relevant part surveyed, including foundations or overhang where necessary.
- Distinguish temporary access, planning permission and any property right.
- Present measurements and requested relief to a legal adviser before physical action.
No small encroachment is automatically declared permissible; demolition is not promised.
Does planning permission grant rights over neighbouring land?
Planning permission is not a transfer of ownership. Likewise, permission for temporary scaffolding does not authorise keeping a permanent structure across the boundary. Identify a separate title if such a right is claimed.
Code civil, article 545Réponse ministérielle n° 98209 du 29 novembre 2016: limites de l'accès temporaire
What does the governing text say about building encroachment?
Nul ne peut être contraint de céder sa propriété
In plain English: Check ownership and the boundary before selecting relief for encroachment.
Which survey evidence should be retained?
Prepare deeds, attached plans, boundary records and dated photographs. The survey should locate the structure and adopted boundary and explain its method. If the boundary remains disputed, resolve that issue before presenting an allegedly certain measurement.
What remedy can be sought?
Property protection must be assessed against title, measurements and the requested relief. This page promises neither systematic demolition nor tolerance for a few centimetres. Do not automatically import rules for construction entirely on another’s land into a partial-encroachment case.
What else should you know about building encroachment?
Does the cadastral map alone determine ownership?
No. Compare it with relevant title and boundary evidence.
Does a construction-access agreement transfer land?
No. Temporary access and permanent property rights are distinct.
Code civil, article 545Réponse ministérielle n° 98209 du 29 novembre 2016: limites de l'accès temporaire
Will all costs necessarily be split equally?
Article 646 provides for shared boundary-determination costs; it does not automatically settle every litigation expense.
Can a photograph determine the encroachment measurement?
It records visible conditions but does not replace establishing the boundary and an appropriate survey.
Which sources explain building encroachment?
- Code civil, article 545Légifrance / DILA
- Code civil, article 646Légifrance / DILA
- Code civil, article 544Légifrance / DILA
- Code civil, article 552Légifrance / DILA
- Réponse ministérielle n° 98209 du 29 novembre 2016: limites de l'accès temporaireAssemblée nationale / ministère de la justice
Texts cited last checked: 19 October 2026