Neighboring Property Damage from Unauthorized Construction: Right to Damages vs. Demand for Demolition
France (FR)
Synthèse Legislator
Généré par l'IAA dispute arose concerning the responsibility for damages caused to neighboring property following the construction of an unauthorized structure by the defendant, where the lower courts had rejected the claim for damages based on the reasoning that the plaintiff had not formally requested the demolition of the structure prior to asserting a claim for monetary compensation, thereby waiving the right to seek such compensation; however, the highest court quashed this decision, holding that the right to seek damages resulting from an illegal construction, distinct from the right to demand its removal, is not lost simply by failing to demand demolition beforehand, as the two remedies are independent actions that can be pursued separately.
Regeste Legislator
Généré par l'IANeighboring Property Damage from Unauthorized Construction: Right to Damages vs. Demand for Demolition: A dispute arose concerning the responsibility for damages caused to neighboring property following the construction of an unauthorized structure by the defendant, where the lower courts had rejected the claim for damages based on the reasoning that the plaintiff had not formally requested the demolition of the structure prior to asserting a claim for monetary compensation, thereby waiving the right to seek such compensation; however, the highest court quashed this decision, holding that the right to seek damages resulting from an illegal construction, distinct from the right to demand its removal, is not lost simply by failing to demand demolition beforehand, as the two remedies are independent actions that can be pursued separately.