Is your neighbor’s new fence causing you concern? Too high, built with unsuitable materials, potentially dangerous for your children, or even partially installed on your property… A situation that can quickly become a source of conflict. Before things escalate, you should know that the law precisely regulates the construction of boundaries between two properties. You have several options, from cordial discussion to legal action, to assert your rights and restore your peace of mind.
Check local regulations first
Before knocking on your neighbor’s door, the first step is to find out about the rules in force in your municipality. Most of the time, it is the Local Urban Plan (PLU), available at the town hall, that dictates the standards to be met: maximum height, types of materials allowed, colors, distance from the property line… These rules can vary considerably from one town to another.
In the absence of a PLU or local customs, the Civil Code applies. It sets a maximum height of 3.20 meters for fences in towns with more than 50,000 inhabitants, and 2.60 meters in other municipalities. Being armed with this factual information will give you a solid and legitimate basis for starting the discussion.
Amicable discussion: the essential first step
Once well informed, always favor dialogue. Your neighbor may simply not be aware of the regulations and acted in good faith. Approach them calmly, without aggression, explaining the situation. Present the PLU rules you have consulted and show them how their fence is not compliant or represents a potential danger.
The objective is to find an amicable solution that suits everyone. Suggest alternatives, such as modifying the fence, adding protections if it is dangerous, or relocating it if it encroaches. An amicable agreement is always the quickest, least expensive solution and the best way to preserve good neighborly relations.
What to do if the fence encroaches on your property?
This is a particular and serious case. If you have any doubt that your neighbor’s fence has been installed, even by a few centimeters, on your property, this constitutes an encroachment.
The only way to prove this irrefutably is to have a land survey carried out by a surveyor. This operation aims to officially and legally define the boundary line between your two plots.
If the survey confirms the encroachment, the law is very clear and protective: you are entitled to demand the demolition of the part of the fence that is on your property, without your neighbor being able to invoke the small area of the encroachment.
The intervention of a justice conciliator
If dialogue has broken down and no solution is found, you can call on a neutral third party before considering more serious action. The justice conciliator is a volunteer judicial auxiliary whose role is to help you find common ground. This process is entirely free and takes place informally.
The conciliator will meet with you and your neighbor to listen to each party’s arguments and propose a compromise. If an agreement is reached, it can be recorded in an agreement statement that will have the value of a judgment. This is an excellent alternative for resolving the dispute without going to court.
Formal notice: the final warning before court
When all attempts at amicable resolution have failed, the next step is to formalize your complaint through a formal notice. This is a registered letter with acknowledgment of receipt in which you clearly set out the facts.
Your letter must contain the following elements:
- A reminder of your attempts at amicable discussion.
- A precise description of the problem (fence not compliant with the PLU, dangerous, encroachment…).
- Reference to the laws or planning regulations not respected.
- Your explicit request: compliance, modification, or demolition of the fence.
A reasonable deadline (15 days or one month, for example) that you give your neighbor to comply.
This formal notice has legal value and is often a mandatory prerequisite before being able to take legal action.
Taking the matter to court as a last resort
If the formal notice remains without effect, your final option is to bring the matter before the judicial court. It is strongly recommended to be accompanied by a lawyer for this procedure. You will then need to prove the harm you are suffering, whether it is an abnormal neighborhood disturbance (loss of sunlight, feeling of insecurity, aesthetic damage…) or a clear violation of planning rules.
The judge can then rule and order your neighbor to bring the fence into compliance or demolish it, often subject to penalty payments (financial penalties per day of delay). They may also award you damages in compensation for the harm suffered. This is a procedure that can be lengthy and costly, to be considered only when all other solutions have been exhausted.
Expert in fencing, gates, and outdoor landscaping since 2019.
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