The presumption of seniority does not apply to a retaining wall

The owners of a plot of land in a subdivision shall bring before the High Court the owner of the neighboring plot and its previous owners for compensation and demolition under penalty of a retaining wall which they had previously erected, as soon as it encroached on their land.

For the assigned owner, there could be no encroachment because the wall in question, at the property limit, was supposed to be adjacent and therefore each one was partially owner.

By judgment of 17 December 2019, the Court of Appeal considers that there is doubt as to the private nature of the retaining wall whose demolition is requested. It thus considers that it is presumed to be a medium-sized one. It therefore rejects the claim for compensation and demolition of the original claimants.

They then decide to go to the Court of Cassation.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal. In its view, the presumption of joint citizenship does not apply to a retaining wall, unless it provides legal titles or marks to the contrary, in accordance with Article 653 of the Civil Code. Without such evidence, it thus considers that any encroachment, even minimal, justifies the demolition of the construction at issue.