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definition, authorized distance and recourse

What is a bondage of view?

The law regulates the “views” between two neighboring properties. “View” means any opening to the outside allowing a view of one building on the other. There are two types :

straight views that allow direct vision (without having to bend or turn your head), oblique views for which you have to turn your head, left or right, to be able to get vision.

These views are regulated in terms of the distance between the opening made and the effective separation between the two properties.

However, openings made closer to the property line are possible if the owner is the holder of an easement. It is a right backed by a property which allows to derogate from the previous rules. There is also talk of a constraint which is imposed in favor of a “dominant fund” over a “serving fund”.

Good to know: a fund is in this context real estate property.

The easements of views are acquired principally in two ways.

Either they are inherent in the property and mentioned as such in the notarial act establishing ownership. They were therefore granted at one time by an owner “of the serving fund”. Either the views can be acquired by prescription. This means that the owner’s opening was not contested by the neighborhood for a continuous period of thirty years. At the end of this period, the law considers that the owner is the beneficiary of an easement.

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How far is an authorized view?

It all depends on the nature of the “sight” in question (articles 678 and 679 of the Civil Code). Direct views cannot be greater than 1.90 meters, counted between the opening and the property line. For oblique views, this distance is reduced

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