Does your neighbor want to install a party fence and present you with a fait accompli? Or worse, have they already erected posts without consulting you? The rules of co-ownership are precise and protect both parties. However, many property owners allow decisions without legal basis to be imposed upon them. Here is what your neighbor is not allowed to do, and what you can demand.
What Exactly Does Co-ownership Mean?
A party fence is a separation installed on the boundary line between two properties. It belongs equally to both neighbors. The Civil Code (articles 653 to 673) governs this subject, and it is quite clear: neither owner can unilaterally decide on matters concerning a shared asset.
If the fence or wall is located exactly on the boundary line, both neighbors are co-owners. They share the rights, but also the obligations of maintenance and repair. This is where conflicts arise: one decides without consulting the other.
Imposing the Choice of Fence Type: This is Illegal
Your neighbor has no right to unilaterally choose the material, height, or style of a party fence. Whether it’s an opaque panel, a concrete block wall, or a simple rigid mesh fence, regardless of their preference, they must obtain your agreement. The decision must be made jointly, full stop.
If you cannot reach an agreement, the judicial court will decide. In the meantime, neither party can begin work on their own. A neighbor who installs a party fence without your consent risks having to dismantle everything at their own expense.
Forcing You to Pay Without Prior Agreement
This is one of the most frequent abuses: your neighbor installs a fence and sends you half the bill. However, they do not have the right to impose an expense on you that you have never approved. Cost sharing only applies in two cases:
- You have given your agreement on the project, the type of fence, and the quote before the work began.
- A right to enclose is exercised under Article 663 of the Civil Code. In urban areas, a neighbor can demand the construction of a fence, but the height and modalities remain governed by local customs and the PLU (Local Urban Plan).
Outside of these situations, you owe nothing. If your neighbor acted alone, they bear the cost alone. And if they installed the fence entirely on their side, set back from the boundary, it is not even a party fence: it belongs exclusively to them.
Modifying or Destroying an Existing Party Fence
A party fence is already in place, and your neighbor decides to replace it, raise it, or tear it down? They do not have the right to do so without your consent. Modifying co-owned property without the co-owner’s agreement is an infringement of your rights.
This also applies to aesthetic modifications. Painting the party wall a garish color, attaching heavy planters, or hanging equipment that damages the structure: all of this requires at least informing you, and in some cases, your formal agreement. Each co-owner can use their side of the wall, but without compromising the solidity of the structure or infringing upon the rights of the other.
Planting a Hedge or Trees Too Close
Even if it’s not strictly a fence, plantings at property boundaries are a major source of conflict. Your neighbor cannot plant a tree less than 2 meters from the boundary line if it exceeds 2 meters in height, nor less than 50 centimeters for lower plantings (Article 671 of the Civil Code). Local regulations may modify these distances, but the principle remains the same: your neighbor cannot allow their vegetation to encroach on your space or damage your fence.
If branches extend onto your property, you can demand that they be cut. If they refuse, you can take the matter to court. Since 2023, the law also allows the neighbor to cut overhanging branches themselves, after a formal notice has gone unanswered. The framework remains strict.
What to Do if Your Neighbor Acts Forcefully?
When faced with a neighbor who acts without your agreement, proceed in stages. Start with a registered letter with acknowledgment of receipt, citing the relevant articles of the Civil Code. In most cases, this is sufficient. If the conflict persists, you can contact a justice conciliator (it’s free) before considering legal action.
Keep a record of everything: photos, correspondence, unapproved quotes. In case of a dispute before the court, these elements make a difference. And above all, do not retaliate by damaging the fence or encroaching yourself. You would then go from victim to offender.
Choosing Your Fence Wisely to Avoid Problems
The best way to avoid a neighborhood conflict is to anticipate the project together. First, clarify whether the fence will be shared or private. Agree in writing on the type of fence, the budget, and the cost distribution. A rigid mesh fence, an opaque panel, or a privacy screen do not involve the same investment or maintenance: it is better to discuss it before arguing afterward.
At Districlos, our teams support every fencing project, for both individuals and professionals. Mesh, panels, gates, privacy screens: all our products are available in stock, for in-store pickup or fast delivery. Unsure about installation rules? Our customer service can guide you before you place an order.
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