immobilier.lefigaro.fr
Legal implications of blocking a "jour de souffrance"
A French court case clarifies the legal implications of blocking a "jour de souffrance," an opening in a shared wall that lets in light, highlighting the balance between property rights and neighborly relations.
French
France
LifestyleCompensationBuilding RegulationsProperty RightsLegal DisputesNeighbor Issues
Cour De Cassation
- What is a "jour de souffrance"?
- A "jour de souffrance" is an opening in a shared wall that lets in light but doesn't allow for visibility to the outside. It's not a legally protected right, but blocking it can lead to legal consequences.
- What was the key ruling in the mentioned court case?
- The court case highlighted that obstructing a jour de souffrance, without prior agreement, constitutes an abnormal disturbance of neighborhood and can be grounds for compensation.
- Are there specific height requirements for "jour de souffrance"?
- The height of a jour de souffrance must be at least 1.90 meters from the ground if it's on the ground floor, and 2.60 meters if it's on upper floors.
- What are the legal implications of blocking a "jour de souffrance"?
- While a property owner isn't obligated to maintain a jour de souffrance, blocking one can result in compensation for the neighbor if it causes excessive inconvenience, such as significant loss of light or ventilation.
- What is the central point of conflict regarding property rights and "jour de souffrance"?
- The decision emphasizes that while the existence of a jour de souffrance doesn't inherently restrict a neighbor's property rights, its unjustified obstruction can lead to legal recourse for the affected party.