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Free fence! You may want to separate your property from that of your neighbor with a fence, but can you do so freely? Are there any rules to follow? What to do in case of disagreement with his neighbor?
The prior obligations to be respected
Each owner has the right to close his plot, but he must respect, beforehand, certain conditions. He must verify that the fence project complies with town planning rules in general, and in particular the town’s town plan. It is then necessary to check the adjoining nature of the fence. In the event of joint ownership, the agreement of the neighbor is required before any construction. Finally, you must also make a prior declaration to the town hall of your municipality.
Building rules
When building a fence, there are certain rules that must be followed. Above all, it is important to be careful not to encroach on your neighbour’s plot, because the latter could ask the competent court to have the fence destroyed. It is also necessary to respect the easements of view or passage from which the neighbor benefits. Indeed, one can cause an abnormal disorder of the neighborhood if one deprives it, for example, of sunshine. There are also specific construction rules to be respected which are specific to each municipality: they concern the height, the choice of materials or the color of the fence.
In the event of a dispute with his neighbor
The disagreement may relate in particular to the dividing line between two contiguous parcels. Initially, it is possible to designate an expert surveyor, chosen by the two neighbors, to carry out an amicable demarcation which will make it possible to establish with certainty the limits of ownership of each of the lots. Seeking an agreement with your neighbor is always preferable. Failing this, you can go to the tribunal de grande instance to proceed with a judicial demarcation which will settle the dispute. If the dispute relates to the adjoining nature of the fence, you can contact the competent court such as the tribunal de grande instance.
DAMY law firm , Nice, Construction of a fence, Update 2022
