It is forbidden to ask the judge to demarcate the properties if it has already been done, but this is on the condition that boundaries have been placed on the land.
It is not enough, explains the Court of Cassation, for a surveyor to have drawn up a plan of the properties accepted by each of the neighbors after visiting the premises; he must have physically placed boundaries.
During construction work on a house, a neighbor complained about encroachment on his property and took legal action to obtain demarcation. This request is not admissible according to the law, replied the builders of the house, because an amicable demarcation was carried out five years earlier. Everyone accepted and signed the plan then produced by the surveyor.
However, the establishment of a boundary plan is not in itself sufficient to consider that a boundary has been created, ruled the Court of Cassation. This plan must have been transferred onto the ground, materially, by the installation of markers, in order to be useful to each owner.
(Cass. Civ 3, 23.3.2022, C 21-11.678).
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