France homeowner faces legal trouble over 4cm land encroachment on neighbour’s property
Any construction encroaching on a neighbour’s land may be required to be removed
In France, if your house encroaches on a neighbour’s land, the situation is taken very seriously under property law
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A recent case highlights the costly risk to homeowners of building a property that encroaches onto a neighbour’s land, even by a few centimetres.
A woman had bought a plot of land in northern France to build her home, when her neighbours discovered that her construction encroached 4cm onto their property, leading to a months-long legal dispute.
The woman had purchased the land in Amiens, in the Hauts-de-France region, in 2019, and entrusted the construction to a building company.
However, when her neighbours acquired the adjacent plot in 2020 to build their own home, they realised that the woman’s house encroached onto their land by a strip measuring 4cm wide and 31.35m long.
When the woman was informed of the issue by the construction company, building work was halted.
Under the principles of French civil law protecting property rights, as reflected in Articles 544 and 545 of the French Civil Code, no one may be compelled to give up their property except for reasons of public necessity, and in return for fair and prior compensation.
As explained by Me Florence Iung, a French property lawyer, this principle is applied strictly in cases of boundary infringement:
“In French law, the legal term is empiètement. It refers to a structure, building, or any element of construction that extends beyond a property boundary.” she said to The Connexion.
She added that the concept is interpreted broadly in practice:
“Encroachment can be visible at ground level, but also more subtle: it can involve foundations, roofing, render, balconies, or any overhanging element that crosses the property line.”
French courts have consistently held that even very small infringements can justify removal of the structure.
“Property rights in France are an absolute right. The size of the encroachment does not remove the infringement of property rights,” the lawyer explains. “French case law is very strict: even a minimal encroachment can justify a claim for removal or demolition.”
Neighbours bring legal case
For this reason, the neighbours brought legal proceedings against the woman in 2021, seeking demolition of the house. During the proceedings, however, the parties entered into discussions and ultimately reached an agreement.
On May 12, 2022, an official boundary report was signed, which clarified the property limits and allowed construction to resume. This boundary agreement was a legal resolution of the dispute and did not involve the woman paying for the additional land.
While demolition is the legal principle, outcomes often differ in practice:
“In practice, the scale of the encroachment mainly plays a strategic role: it may encourage an amicable settlement rather than full demolition.” Me Iung said.
The neighbours later sought compensation, arguing that they had been forced to remain in their previous home during the 20-month suspension of the works and had therefore incurred rental costs of €662 per month.
On June 25, 2025, the Amiens Judicial Court ruled that while the woman bore no personal fault, as a boundary survey had been carried out before construction, she was nevertheless liable towards her neighbours under the principles governing neighbourhood disturbance and civil liability.
Thus, she had to jointly pay, with the builders, for the losses suffered by her neighbour, amounting to approximately €13,200, corresponding to the rent paid over those 20 months.
The woman subsequently brought proceedings against the subcontractor, the main contractor, and the insurers, arguing that she could not have detected the technical error herself and that they should therefore bear responsibility for the neighbours’ losses.
The court ruled in her favour on this point, meaning she only had to pay around €3,000 in legal costs, while also enduring a 20-month delay to her home’s construction due to an error she had not caused.
Me Iung said that liability in such cases is often shared between different actors in the construction process. “The primary liability lies with the owner of the construction that encroaches. However, they will usually turn against the builders or professionals responsible for the error,” she said.
“This is what makes these disputes so complex: the homeowner acts in good faith, relying on professionals, but may still find themselves subject to legal proceedings.”
She also stressed preventive measures. “Before building, it is essential to have a boundary survey report prepared by a certified land surveyor. A simple cadastral map is not sufficient: only a formal boundary demarcation can legally secure property limits.”
