Even if it is on the property line, the retaining wall of a plot of land is not adjoining, unless proven otherwise, recalled the Court of Cassation. The retaining wall is in fact presumed to belong to the one of the two neighbors to whom it is useful, that is to say to the one whose ground is supported. The Court of Cassation therefore ruled that such a wall should not encroach on the neighbor’s land (Cass. Civ 3, 26.1.2022, M 20-14.580).
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One couple complained about a wall that supported the neighboring land, overhanging, but the neighbor replied that being on the property boundary, the wall was supposed to be adjoining, which meant that it did not encroach since everyone was a partial owner of it. This argument was not considered valid. Unless it is proven to the contrary, by establishing for example that it was built at shared cost or that it presents the material marks characteristic of party walls, the retaining wall cannot be presumed to be party, replied the judges.
Notes on the cadastre
Whether one is in town or in the countryside, explained the Court, any wall serving as a separation is presumed to be joint if there is no contrary legal title or mark to the contrary. On a plane of registerfor example, a small dash along a boundary indicates that the dividing wall, ditch, or embankment belongs exclusively to the owner on that side.