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Party Walls and Fences

Party-wall rules govern the sharing of a wall, a hedge, or a fence between two neighbouring properties. The French Civil Code (Articles 653 to 673) sets out presumptions, rights of use, and precise maintenance duties, as well as the planting distances to observe along the boundary line. This guide answers every key question to prevent neighbour disputes and secure your works, from the shared wall to the boundary hedge.

All questions

What does it mean for a wall to be a party wall?

A party wall is jointly owned by the two neighbours it separates: each owns one half. Article 653 of the French Civil Code presumes that any wall separating buildings, yards, or gardens is a party wall, absent a title or a contrary sign. Article 654 lists the physical clues that rebut this presumption.

Who pays for repairing a party wall?

Repairing and rebuilding a party wall fall on both neighbours in proportion to their right, generally by half (Article 655 of the French Civil Code). A co-owner can escape these costs by abandoning their party-wall rights, unless the wall supports a building of their own (Article 656).

Can you build against or raise a party wall?

Yes. Each co-owner may build against the party wall and embed beams in it (Article 657), and may raise it at their sole expense (Article 658). A neighbour can also acquire party-wall status over a private wall by reimbursing half of what it cost and half the value of the land beneath it (Article 661).

Are you required to fence your land?

In principle, fencing your land is a right, not an obligation: Article 647 of the French Civil Code lets any owner enclose their property. In towns and suburbs, however, Article 663 lets one neighbour compel the other to contribute to a boundary fence, whose height follows local regulations and customs first.

What distances must you observe when planting a tree near the boundary?

Article 671 of the French Civil Code requires, absent a local regulation or custom, a distance of 2 metres from the boundary line for any plant taller than 2 metres, and 0.50 metres for lower plants. The neighbour can demand the removal or the cutting back of plants that are too close (Article 672).

Are a hedge or a tree on the boundary jointly owned?

A hedge separating two properties is presumed jointly owned, absent a title, prescription, or contrary sign (Article 666). A tree growing in a party hedge or planted on the boundary line is deemed jointly owned (Article 670): its fruit is split in half and each owner may demand that it be uprooted.

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Party walls and fences: the complete guide - Briveo