French property law: who pays for and maintains boundary fences?
Different rules apply to owners and tenants
When buying a property, the notaire’s papers should explain who is responsible for the boundaries – if a previous owner has given up their rights they do not automatically return to the new owner
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The rules in France around boundary fences are complex and can involve different parts of the Code civil, depending, for example, on whether one of the properties is rented.
In general, however, the owner of the land with the fence on it bears responsibility.
Where the fence lies on the boundary, responsibility is shared.
Either neighbour can relinquish their rights to the fence. This involves reaching an agreement and having it formalised through an acte notarié. After this is done, the person with full rights to the fence is responsible for its upkeep.
This usually occurs when one neighbour wants to build a new solid boundary, such as a brick wall, and the other does not wish to share the cost.
Alternatively, the neighbour proposing a new wall can have it built entirely on their side of the boundary and bear the full construction and maintenance costs.
When buying a property, the notaire’s papers should explain who is responsible for the boundaries – if a previous owner has given up their rights they do not automatically return to the new owner.
Lotissements (housing developments divided into individual plots) often have specific rules about who is responsible for boundaries. These could be collective, involving all the property owners in the lotissement, or individual.
The situation is different if the neighbouring property is rented and responsibility for the fence is shared. In that case, the tenant is usually responsible for the general upkeep of their side of the fence. This includes maintenance such as painting and varnishing wooden posts and panels.
However, if a structural repair is needed, such as replacing rotten fence posts, it is the owner of the property, and not the tenant, who is responsible for half of the cost.
As always, try to resolve any disagreements by talking to your neighbour first. If that does not work, ask your local mayor to help.
If you feel further action is necessary, compulsory mediation will be required before a court will hear the matter.
The French have a saying: Aimez votre voisin, mais n’abattez point la haie (Love your neighbour, but do not cut down the hedge).
