The claim based on abnormal neighbourhood nuisance

This decision provides important insight into your family and property rights. Here is what it changes for you.

The background

The claim based on an abnormal neighbourhood nuisance is an action in non-contractual civil liability (tort) which, regardless of any fault, enables the injured party to seek compensation from the owner of the property at the origin of the nuisance, who is strictly liable. A court of appeal which finds that the nuisance persisted after the sale of the property at the origin of the damage correctly concludes that the purchasers' liability must be established, it being immaterial that the water infiltration had begun to occur before the sale.

What the law says

This decision confirms the fundamental principles of French property law.

Key points to remember

• Scrutinise and strictly observe the statutory time limits for bringing a claim
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice always costs less than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.