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A neighbour has only 5 years to complain about a neighbourhood disturbance

A neighbour has only 5 years to complain about a neighbourhood disturbance

When a neighbour experiences an abnormal neighbourhood disorder, he or she must complain within 5 years of the first signs of the disorder. After that, it will be too late.

 

When a neighbour creates an abnormal neighbourhood disorder, the person who suffers it must complain about it within a maximum of five years. After this period, which runs from the first manifestations of the disorder, it is too late, the Court of Cassation recalled.

 

The victim of the noise of a business, located near his home, was trying to get around the obstacle by arguing that he had recently become aware that this disorder was devaluing his property. But this argument was not accepted.

 

Reduced lead times

The disorder creates personal harm and since 2008, the law has reduced the limitation periods to only five years for those who complain of personal harm. Before 2008, the neighbour’s liability could be invoked within ten years.

 

Justice is therefore strict. The only possibility of bringing the matter before the judge would be to objectively observe a worsening of the disorder, because a new five-year limitation period would then begin to run. But the neighbourhood disturbance, even if it affects the value of the property, is not subject to the thirty-year real estate prescription.

 

(Cass. Civ 2, 13.9.2018, E 17-22.474)

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