Land boundary lawyer in Paris: fixing the boundary, protecting your property.

Boundary determination serves to fix the dividing line between two adjoining properties. Article 646 of the French Civil Code (Code civil) allows each owner to compel a neighbour to take part, at shared cost. The surveyor (géomètre-expert) compares the title deeds, plans, old boundary markers and the state of the premises, then proposes a line. If the parties sign amicable minutes, the boundary is marked out in the manner agreed. In the event of refusal or disagreement, the court can be asked for a judicial boundary determination. However, boundary determination does not, on its own, decide who owns a disputed strip. The judicial court of Saint-Pierre de La Réunion recalls that "boundary proceedings do not decide a question of ownership" (our translation) (20 March 2026, No. 22/00242). A claim of ownership must therefore be examined separately.

Amicable boundary determination rests on the owners' agreement. They choose a surveyor, take part in the surveying carried out in the presence of all parties and, if they accept the result, sign minutes accompanied by a plan. Judicial boundary determination applies when one of the neighbours refuses the operation, disputes the proposal or does not reply. The judge may order an expert assessment, hear the parties' observations and fix the boundary in the decision. A judgment of the judicial court of Draguignan fixed a boundary on the basis of the delimitation plan annexed to the expert's report, then provided for the boundary markers to be placed absent agreement (26 March 2025, No. 22/08127). In both cases, the dividing line must be distinguished from ownership of a strip, which is a matter for a claim of ownership.

No, the purpose of boundary determination is to establish the dividing line between two adjoining properties. The judge assesses the title deeds, plans, boundary markers and physical evidence to fix that line, but does not rule on a claim of ownership that is foreign to this operation. The judicial court of Saint-Pierre de La Réunion states this expressly: "boundary proceedings do not decide a question of ownership" (our translation) (20 March 2026, No. 22/00242). If each side maintains that the strip belongs to them, the chain of title must be assembled, any acquisitive prescription examined and the appropriate claim of ownership brought. Amicable minutes fixing a boundary therefore do not automatically amount to a waiver of any claim to title, unless the wording is clear and the agreement covers ownership. The characterisation of the claim must be settled before the writ of summons.

Article 653 of the French Civil Code (Code civil) presumes to be a party wall any wall serving as a separation between buildings up to the point of the lower building's height, between courtyards and gardens, or between enclosures in fields, where no contrary title or mark is established. This presumption concerns a wall located on the dividing line; it does not dispense with examining the title deeds, the siting and the characteristics of the structure. The judicial court of Nancy held that a wall on the boundary was a party wall in the absence of proof to the contrary (20 November 2025, No. 23/01607). A party wall carries specific rights and obligations, in particular for repair and reconstruction. A fence or wall that crosses the boundary may, however, reveal an encroachment or separate possession: these questions must be measured and characterised separately from the party-wall regime alone.

Article 655 of the Civil Code provides that the repair and reconstruction of a party wall are borne by all those entitled to it, in proportion to their rights. The rule assumes that the wall is genuinely a party wall and that the works are necessary. If a neighbour asks for the costs to be borne solely by the other, they must show that the repairs were made necessary by the other's act. In its decision of 20 November 2025, the judicial court of Nancy recalls: "Under Article 655 of the Civil Code, the repair and reconstruction of the party wall are borne by all those entitled to it, in proportion to each person's right." (our translation) It refused to place the cost solely on one party for lack of sufficient evidence, then divided the cost in half (No. 23/01607). Estimates, site reports, technical reports and exchanges about maintenance should be kept. Unilateral work before a report is drawn up may complicate the discussion of the cause and cost of the works.

Acquisitive prescription allows a property to be acquired through possession, without any title being required, under Article 2258 of the Civil Code. To prescribe, possession must be continuous and uninterrupted, peaceful, public, unequivocal and exercised as owner, in accordance with Article 2261. For real property, Article 2272 sets the ordinary period at thirty years. Effective possession and its duration must therefore be established by means of precise witness statements, dated photographs, fences, physical acts and consistent documents. The Court of Cassation recalls: "Under this provision, in order to prescribe, possession must be continuous and uninterrupted, peaceful, public, unequivocal, and as owner." (our translation) in its judgment of 24 October 2024 (Cass. 3e civ., No. 23-16.882). The court of appeal of Montpellier also held that "these statements thus reveal possession of the disputed plot meeting the criteria of Article 2261 of the Civil Code, namely continuous and uninterrupted, peaceful, public and unequivocal possession, as owner, for at least thirty years at the date of the writ of summons (31 January 2018)" (our translation) (12 February 2026, No. 25/02378).

Yes. Article 2272 of the Civil Code provides that a person who acquires real property in good faith and by valid title prescribes ownership of it after ten years. This shortened prescription therefore requires two additional conditions compared with the thirty-year period: a valid title and the good faith of the acquirer. The title must be capable of transferring ownership, even if it comes from a person who was not the owner; good faith is assessed at the time of acquisition. Notarial documents, the chain of sales, plans and the date possession began are indispensable. Where one of these elements is missing, or where possession is equivocal, the shortened period cannot be accepted without an examination in which both sides are heard. Thirty-year prescription remains distinct: it rests on effective possession and its duration, without requiring a valid title.

An encroachment requires the building, fence, wall or plantings to be located precisely in relation to the property boundary. Measurement in the presence of both parties, and a plan are generally needed before asking for the interference to cease. Boundary determination can fix the line where it is uncertain, but it does not decide ownership of the strip if the title deeds conflict. A claim of ownership must then be considered, with the title deeds and proof of the encroached area. The age of the fence or structure may also lead the neighbour to rely on acquisitive prescription; the conditions of Articles 2258, 2261 and 2272 of the Civil Code will then have to be discussed. Do not move the structure yourself: have a report drawn up and keep the exchanges. A precise amicable request, accompanied by a plan, can sometimes open a negotiation on restoration.

Start by sending the title deeds, earlier notarial deeds, annexed plans, boundary or division minutes, land register extracts and dated photographs. Add the letters exchanged with the neighbour, the surveyor's notices to attend, estimates and reports concerning the wall, fence or encroachment. If acquisitive prescription is relied on, gather witness statements describing precisely the premises, the periods and the acts of possession, as well as old photographs. The lawyer then checks whether the claim concerns a boundary, a title to property, a party wall or an easement, because the available actions differ. The firm offers a preliminary review at €80 incl. VAT; the fees for an expert assessment or for proceedings are considered separately depending on the case. You can call +33 6 46 60 58 22 to arrange the sending of your documents.