The owner of an unpartitioned wall, immediately adjoining the inheritance of another, may make in that wall days or windows with meshed iron and dead glass. Such windows shall be fitted with an iron lattice, the mesh of which shall not exceed one decimetre (approximately three inches eight lines) in aperture, and with a sash with dead glass.
Such windows or days may be established only twenty-six decimetres (eight feet) above the floor or ground of the room to be lighted, if on the ground floor, and nineteen decimetres (six feet) above the floor for upper floors.
No person may have straight views or windows of appearance, nor balconies or other similar projections on the enclosed or unenclosed inheritance of his neighbour, unless there is a distance of nineteen decimetres between the wall where they are made and the said inheritance, unless the land or the part of the land on which the view is exercised is already encumbered, for the benefit of the land which benefits…
Under the same proviso, side or oblique views cannot be had on the same inheritance unless there is a distance of six decimetres.
The distance referred to in the two preceding articles is counted from the outer facing of the wall where the opening is made, and, if there are balconies or other similar projections, from their outer line to the dividing line between the two properties.
All owners must establish roofs so that rainwater drains onto their land or onto the public highway; they may not have it poured onto their neighbour’s land.
An owner whose land is enclosed and who has no access, or insufficient access, to the public highway, either for the agricultural, industrial or commercial use of his property, or for the completion of construction or subdivision operations, is entitled to claim a right of way over his neighbours’ land sufficient to ensure that his land is fully served, subject to compensation proportionate to the damage he may cause.
The passage must regularly be taken on the side where the path is shortest from the enclosed land to the public highway. Nevertheless, it must be fixed in the place least harmful to the person on whose land it is granted.
If the enclave results from the division of land as a result of a sale, exchange, partition or any other contract, passage may only be requested over the land which was the subject of these acts. However, in the event that a sufficient passage cannot be established on the divided land, article 682 would apply.
The basis and mode of the easement of passage by reason of enclave shall be determined by thirty years of continuous use. The action for compensation, in the case provided for in Article 682, is time-barred, and the passage may be continued, although the action for indemnity is no longer admissible.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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