Can a co-owner modify a common wall without his neighbor’s permission?

The owner criticizes his neighbor (co-owner) for replacing translucent openings with transparent, sliding windows that encroach on his land and violate his rights, including his privacy.

The neighbor defended himself by claiming that these changes did not change the location or dimensions of the pre-existing openings. He also claims a servitude of view acquired by a 30-year statute of limitations, on the basis of a notarial act attesting to the seniority of the immovable, giving him the right to retain those openings.

Is the neighbor responsible?

Service-Public.fr replies:

In that case, the Court of Appeal initially dismissed the owner’s claims, finding that he had been associated with the work and that he had not opposed it before it was carried out. It also recognized servitude de vue acquired by statute of limitations of thirty years.

But the Court of Cassation overturned the decision. It recalls that a window or opening, of any material, made on a side wall without the explicit agreement of the neighbor, is prohibited. The fact that the owner was informed of the work without objecting to it does not constitute valid consent. It also points out that servitude of sight cannot be recognized without demonstrating the date from which the translucent openings enabled the viewing to be carried out and when the limitation period began to run.

In its decision, the Court of Cassation therefore granted the applicant's claims.

A homeowner cannot alter a common wall without the explicit agreement of his neighbor, unless he has an unquestionably established easement of sight.