LexInter | March 20, 2002 | 0 Comments


Article 653
In cities and the countryside, any wall serving as a separation between buildings up to the accommodation, or between courtyards and gardens, and even between enclosures in the fields, is presumed to be adjoining, if there is no title or mark of the opposite.
Article 654
There is a mark of non-joint ownership when the top of the wall is straight and plumb with its facing on one side, and has an inclined plane on the other.
While there is only one side or a hood or nets and stone corbels which would have been put there while building the wall.
In these cases, the wall is supposed to belong exclusively to the owner on whose side are the sewer or the corbels and stone nets.
Article 655
The repair and reconstruction of the party wall are the responsibility of all those entitled to it, and in proportion to the rights of each.
Article 656
However, any co-owner of a party wall can dispense with contributing to repairs and reconstructions by abandoning the right of joint ownership provided that the party wall does not support a building that belongs to him.
Article 657
 Any co-owner can build against a party wall, and have beams or joists placed therein the entire thickness of the wall, to within fifty-four millimeters, without prejudice to the right of the neighbor to have the draft reduced beam up to half the wall, in the event that he himself wants to sit beams in the same place, or lean against a fireplace.
Article 658
(Law of March 19, 1804 promulgated on March 29, 1804))

(Law n ° 60-464 of May 17, 1960 art. 1 Official Journal of May 18, 1960)

Any co-owner can have the party wall raised; but he must pay alone the expense of raising and repairing maintenance above the height of the common fence; he must also pay alone the maintenance costs of the common part of the wall due to the raising and reimburse the neighboring owner for all the expenses made necessary for the latter by the raising.

Article 659
  If the party wall is not in a condition to support the raising, whoever wants to raise it must have it rebuilt in its entirety at his expense, and the excess thickness must be taken from his side.
Article 660
(Law n ° 60-464 of May 17, 1960 art. 1 Official Journal of May 18, 1960)

The neighbor who has not contributed to the raising can acquire joint ownership by paying half of the expense it cost and the value of half of the soil provided for the excess thickness, if there is in a. The expense that the raising cost is estimated at the date of acquisition, taking into account the condition in which the raised part of the wall is located.

Article 661
(Law n ° 60-464 of May 17, 1960 art. 1 Official Journal of May 18, 1960)

Any owner joining a wall has the option of making it adjoining in whole or in part, by reimbursing the master of the wall for half the expense it cost, or half the expense for the portion of the wall that ‘he wants to make joint and half of the value of the ground on which the wall is built. The expenditure that the wall has cost is estimated at the date of the acquisition of its joint ownership, taking into account the state in which it is located.

Article 662
One of the neighbors may not induce any indentation in the body of a party wall, nor apply or support any work there without the consent of the other, or without having, if he refuses, have the necessary means settled by experts. that the new work is not detrimental to the rights of the other.
Article 663
Anyone can force their neighbor, in towns and suburbs, to contribute to the construction and repair of the fence separating their houses, courtyards and gardens from the said towns and suburbs: the height of the fence will be fixed according to specific regulations or regulations. constant and recognized uses, and, in the absence of practices and regulations, any dividing wall between neighbors, which will be built or re-established in the future, must be at least thirty-two decimetres high, including the coping, in the cities of fifty thousand souls and above, and twenty-six decimeters in the rest.
Article 665
When reconstructing a party wall or a house, the active and passive easements continue with regard to the new wall or the new house, without however being able to be aggravated, and provided that the reconstruction takes place before the prescription is acquired.
Article 666
(Law of August 20, 1881 Official Journal of August 26, 1881)

Any fence which separates inheritances is deemed to be adjoining, unless there is only one of the inheritances in a state of closure, or if there is no title, prescription or contrary mark.
For ditches, there is a mark of non-joint ownership when the lifting or rejection of the earth is on one side of the ditch only.
The ditch is supposed to belong exclusively to the one on which the discharge is located.

Article 667
(Law of August 20, 1881 Official Journal of August 26, 1881)

The dividing fence must be maintained at common expense; but the neighbor can avoid this obligation by renouncing joint ownership.
This faculty ceases, if the ditch is usually used for the flow of water.

Article 668
(Law of August 20, 1881 Official Journal of August 26, 1881)

The neighbor whose inheritance includes a non-dividing ditch or hedge cannot force the owner of this ditch or hedge to cede joint ownership to him.
The co-owner of a dividing hedge can destroy it up to the limit of his property, on the condition of building a wall on this limit.
The same rule is applicable to the co-owner of a dividing ditch which serves only for the fence.

Article 669
(Law of August 20, 1881 Official Journal of August 26, 1881)

As long as the joint ownership of the hedge lasts, the products belong to the owners by half.

Article 670
(Law of August 20, 1881 Official Journal of August 26, 1881)

The trees in the common hedge are adjoining like the hedge. Trees planted on the dividing line between two inheritances are also considered to be adjoining. When they die or when they are cut or pulled up, these trees are divided by half. The fruits are collected at common expense and also divided by half, either that they fall naturally, or that the fall has been caused by it, or that they have been picked.
Each owner has the right to demand that the adjoining trees be uprooted.

Article 671
(Law of March 19, 1804 promulgated on March 29, 1804))

(Law of August 20, 1881 Official Journal of August 26, 1881)

It is only permitted to have trees, shrubs and shrubs near the border of the neighboring property at the distance prescribed by the currently existing special regulations, or by constant and recognized uses, and in the absence of regulations and customs. , at a distance of two meters from the dividing line between the two heirlooms for plantations whose height exceeds two meters, and at a distance of half a meter for other plantations.
Trees, shrubs and shrubs of all kinds may be planted in espaliers on either side of the dividing wall, without having to observe any distance, but they may not go beyond the crest of the wall.
If the wall is not adjoining, the owner alone has the right to support the wall bars on it.

Article 672
(Law of August 20, 1881 Official Journal of August 26, 1881)

The neighbor can demand that the trees, shrubs and shrubs, planted at a distance less than the legal distance, be torn or reduced to the height determined in the previous article, unless there is title, destination of the father family or 30-year prescription.
If the trees die, or if they are cut or pulled up, the neighbor can only replace them by observing the legal distances.

Article 673
(Law of August 20, 1881 Official Journal of August 26, 1881)

(Law of February 12, 1921 Official Journal of February 15, 1921)

The one on whose property the branches of the neighbour’s trees, shrubs and shrubs are advancing can force him to cut them down. The fruits which naturally fell off the branches are his.
If it is the roots, brambles or twigs that advance on his inheritance, he has the right to cut them himself at the limit of the dividing line.
The right to cut roots, brambles and twigs or to cut branches of trees, shrubs or shrubs is imprescriptible.

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