Litigation and real estate law - Lawyer Antibes

The Legal Weekly  

Encroachment and neighbourhood disputes

Any encroachment on another's land is punishable by law because it is an infringement of the right to property, constitutionally recognised and characterised as inviolable and sacred since the Declaration of the Rights of Man and the Citizen.

Encroachment on another person's land is an abuse of right. the right to extend a building on a neighbouring plot of land belonging to another person, without the latter's consent.

Initially, the Court of Cassation sanctioned encroachment by qualifying it as an abuse of right even when it was minimal and could order the destruction of a structure even when a piece of roof protruded onto the neighbouring property or when a single centimetre of encroachment was noted.

Indeed, the victim of the encroachment is entitled to claim the destruction of the building, the restoration of the site and damages. The compensation for damages will vary according to the situation.

What legal actions are available to the litigant?

In order to obtain the demolition of the neighbouring construction that encroaches on his property, the litigant must first be able to prove the limits of his property and initiate a boundary marking action, which will allow him, through the intermediary of a judicial expert appointed by the Court (a surveyor), to mark the limits of his property.

It is perfectly possible to have an amicable boundary demarcation. when the parties agree to move in this direction.

The demarcation may thus enable the judge to establish the encroachment, order the demolition of the structure built on the neighbour's property and order the payment of damages.

However, it should be noted that the case law is no longer as strict as the first rulings in this area. The judges verify the encroachment and check for proportionality to avoid ordering the demolition of an entire structure if the encroachment is minimal and has lasted for many years. The rights of each of the parties are in fact analysed in a sovereign manner by the judges to avoid situations that would not take into account the reality of the facts for too strict an application of the law.

The Cécile ZAKINE's office accompanies you in all matters relating to neighbourhood disputes, encroachment, boundary actions and easements. These are all issues that generate neighbourhood disputes that could be avoided.

Listening to the customer

It is important to ask the question: did I listen to him or just hear him?

The first consultation is crucial because the first obligation is to listen to the client.

Peter Drucker said: "The most important thing in communication is to hear what is not said".

Let's put our prejudices aside, let's not think in the customer's shoes and really listen to them to understand their needs.

Does he want to take legal action directly or would he prefer to try a settlement?

Will he be the directive client or will he allow himself to be guided and accompanied by a competent professional?

The Cécile ZAKINE's office will be able to understand what you are talking about and will advise you in the best possible way according to your objectives, your expectations and your needs.

Me Zakine works all over France: Antibes, Grasse, Paris, Bordeaux, Lyon, Marseille, Toulouse, Ile de France, Neuilly sur Seine, Boulogne, Villepinte, Bezons, Pontoise, Toulon, Dijon, Bordeaux, Saint Tropez, PerpignanMont de Marsan, Rennes, Nantes, Nancy, Metz and Thionville.

Don't hesitate to contact Me Zakine, who will be able to advise you on all these issues.

Ms Zakine will also be available to you by videoconference, which you can arrange at your convenience via her website: https://calendly.com/maitre-zakine