Your land is landlocked, difficult to access, or the site layout makes installation impossible from your side. The question then arises: can you install a fence by going through your neighbour’s property? Between property rights, easements and practical constraints, the answer is not so straightforward. Here is what you need to know before setting the first post.
The principle: you cannot enter your neighbour’s property without permission
Under French law, private property is protected by Article 544 of the Civil Code: no one may enter someone else’s land or install equipment there without explicit consent. Whether you need to install rigid mesh fencing, pour foundations for posts, or simply store your fence panels, you cannot use the neighbouring land as you please.
Even if your fence will be installed on the boundary line, simply stepping onto the adjacent plot to screw in a panel constitutes trespass. Without permission, your neighbour is entitled to object, and may even file a complaint. The first step is therefore always the same: discuss it with your neighbour and obtain their consent, ideally in writing.
The “tour d’échelle”: a temporary right of access
There is a legal mechanism designed for this type of situation: the “tour d’échelle” right. It allows an owner to access a neighbouring property temporarily to carry out work on their own property, when there is no other technical solution.
This right is not set out in the Civil Code, but it is recognised by case law. To benefit from it, several conditions must be met:
- Access to the neighbouring land must be strictly necessary (no other way to do it)
- The occupation must remain temporary and limited to the duration of the works
- Any damage caused to the neighbouring land must be compensated
- The neighbouring owner must be informed in advance of the schedule and the nature of the works
If your neighbour still refuses, you can apply to the judicial court to obtain authorisation. The judge will then assess whether your request is legitimate and proportionate.
Party fence or private fence: the distinction matters
Before you start, ask yourself one question: will your fence be a party fence or a private fence?
A party fence is built on the exact boundary between the two properties, with shared costs. Both neighbours co-own the structure, and each can logically access both sides for maintenance or installation. A private fence, by contrast, is set back, entirely on your land. You are the sole owner, but you must also be able to install and maintain it without encroaching on your neighbour’s property. The answer to this question changes your rights and obligations quite radically.
How to obtain your neighbour’s consent
An amicable approach is by far the most effective. A cordial discussion is often enough to unblock the situation. However, to protect both of you, it is best to formalise the agreement in writing. A letter or document signed by both parties, specifying the access period, the nature of the works and the precautions taken, will serve as evidence in the event of a dispute.
Remember to state that you undertake to restore the land after the works. A neighbour will be more likely to agree if they know their lawn or plantings will be respected. In the event of a categorical and unjustified refusal, the “tour d’échelle” court procedure remains your recourse.
What if the land is truly inaccessible?
Some layouts make fence installation particularly complex: sloping ground, access only via a dead end, a dense hedge on the neighbour’s side… In these cases, choosing the right type of fence can simplify the job.
Flexible mesh is easier to handle than rigid panels and requires less manoeuvring space. Drive-in posts rather than posts set in concrete avoid heavy masonry work. At Districlos, our advisers can guide you towards solutions suited to your land’s constraints, in store or by phone. Sometimes, the right product simply avoids having to go through the neighbour’s property at all.
Mistakes you should absolutely avoid
Installing a fence by going through the neighbouring land without informing anyone is the worst possible idea. Even with the best intentions, you expose yourself to a complaint for trespassing on private property, an obligation to demolish the structure, and even damages. The resulting neighbour dispute can drag on for years.
Another common pitfall: installing the fence on your neighbour’s land by mistake, even by a few centimetres. Before any installation, have the exact boundaries of your plot checked by consulting the cadastral map or calling in a chartered surveyor. This small investment can save you a costly dispute and a long-term deterioration of neighbourly relations.
Expert in fencing, gates, and outdoor landscaping since 2019.
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