what to do if a tree or a neighbor’s house blocks the sun from you?

Provided that the loss of sunlight is documented and significant, the courts will condemn the neighbors at fault.

Loss of sunshine: some legal considerations to keep in mind

On your land or in your home, you have the right to enjoy the sun. According to the Civil Code, property is “the right to enjoy and dispose of things in the most absolute manner, provided that they are not used in a way prohibited by laws or regulations”. At the same time, each owner has the right to take full advantage of his property without infringing on the rights of neighbors. This is where blocking out the sun poses a problem, since being able to enjoy it constitutes your right. You will have understood: the right to fully enjoy the sun is legally defensible.

In law, there is in fact the notion of “abnormal neighborhood disturbance”. The word “abnormal” is important: you cannot blame your neighbors for talking to each other in their garden, which adjoins yours. What is normal or not normal is assessed based on usage. But rest assured: there is already case law on the subject of loss of sunshine. The courts in fact agree with plaintiffs who denounce a shadow caused by a new construction on the neighboring land or a tree that has become too large, provided that the loss of sunlight is significant (at least 40%). To determine this, the court calls on experts such as architects and surveyors.

Favor dialogue wherever possible

It is important to keep in mind that there is a prescription for abnormal neighborhood disturbances: the thing that is causing you a loss of sunlight must have appeared less than five years ago. In the case of a new construction, the five-year period is counted from the end of the project. Concerning the trees, it is up to you to prove that the shade has existed for less than five years: it is therefore prudent to have photos that can support the case. You can also attach to the file conclusions from real estate agents which would reveal a significant loss in the market value of the property.

Legal action is of course not the only way to resolve this type of situation. It is often easier to engage in dialogue with your neighbor. Better yet, do it before construction begins. If the neighbor is willing to discuss it, you can see together the impact in terms of shade that their planned construction will have. Perhaps an amicable approach will push him to change plans.

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