Neighbor dispute over minor construction error

An Amiens property owner, identified as Faustine, was ordered to pay 13,246.80 euros to her neighbors, the Sims, because her house overhung their property by 4 centimeters along a 31.35-meter boundary.

Construction error leads to legal battle

The incident began in 2019 when Faustine purchased a plot in Amiens and hired a specialized construction company. A boundary survey was conducted before construction started, and no disputes were identified at the time.

Legal delay disrupts Sims' plans

In 2020, the Sims bought the adjacent parcel intending to build on it. Two months later, their contractor discovered the overhang. Construction was halted, and the referee judge suspended the case after the two parties had amicable discussions.

Survey resolves boundary dispute

An official boundary survey was conducted in May 2022, confirming the actual property limits. This allowed the Sims to resume their construction, but they were stuck in their previous home for twenty months, paying over 662 euros in rent each month.

Court rules on responsibility

The Amiens judicial court ruled on June 25, 2025, that Faustine was not personally at fault, as the initial boundary survey had been properly conducted. However, the court applied the principle of abnormal neighborhood disturbance, which holds that even without fault, a disturbance exceeding normal neighborly inconveniences can lead to liability.

Faustine avoids full payment but faces costs

Faustine sought compensation from the subcontractor, the constructor, and their insurance for the 13,246.80 euros. The court agreed she was not responsible for the error, but she still had to pay 3,000 euros in legal fees and endured years of stress from the legal process.

Legal advice highlights shared responsibility

Florence Iung, a real estate lawyer, emphasized that property owners cannot assume all responsibility lies solely with the constructor. Even if the error is the contractor’s, the owner may still be held liable under the principle of abnormal neighborhood disturbance.

Preventive measures recommended

Iung advised property owners to verify the construction layout with a surveyor-expert before and during construction. She also recommended ensuring that the ten-year guarantee and work damage insurance cover such errors, as seen in the Amiens case where no demolition was ultimately required.