My neighbor has built a wall between our gardens: does it have the right to refuse to crackle my side?

The neighbor of Marc has built an ugly gray wall between their two properties. Can Marc constrain it to crackle the side of the wall giving in his garden? The responses of Me Nathalie Couzigou-Suhas, notary in Paris, in the program “Le Grand Rendez-vous de l’Emalmboards” (Capital / Radio Immo).

Capital video: My neighbor erects a wall between our properties. Can I ask him to crackle him?

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Until now, a simple fence separated Marc’s garden from that of its neighbor. The latter set out to replace him with a wallin order to have a little more intimacy. Good idea, agreed Marc. But, once built, he finds it very villain, this gray wall. “Can I force my neighbor to frizzy The side of the wall that gives in my garden? ”asks Marc. “THE junior wallstraddling the two properties, belongs in joint possession to Marc and his neighbor ”Recalls Nathalie Couzigou-Suhas, notary in Paris, in the program “Le Grand Rendez-vous de l’Emalmboards” (Capital / Radio Immo). It is not a servitude, which is the authorization, given to one or more neighbors, to enjoy part of its property.

However, a judgment of the third civil chamber of the Court of Cassation decided that it was not possible to force one of the co -owners of a adjoining wall at the Crepi coating, the notary said. Proof that this subject raises questions, he went “Until the Court of Cassation, after calls and appeals”she underlines. The only obligation of the co -owners of the wall is to “L‘maintainso that he does not collapse “specifies Nathalie Couzigou-Suhas. While specifying that the co -owners are parked these maintenance costs, according to the Civil Code. Two solutions are therefore available to Marc. He can kindly ask his neighbor to crackle the entire wall. If he refuses, “A legal conciliation is possible”indicates Me Couzigou-Suhas. The second solution is undoubtedly preferable, which consists, for Marc, to coat itself the side of the wall giving in its garden.

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