Short answer. Yes, this is exactly what the law addresses. Article 682 says every building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes. So your neighbour's property is legally bound not to inflict these on you.
What the law says
Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.
Civil Code, Article 682 — Easement Against Nuisance. Read the full provision →
A legal easement against nuisance
Article 682 recognises a built-in restriction on every property. It provides that Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes. This is a legal easement — it exists by force of law, without any agreement, over all land and buildings. It binds not only owners but also possessors, so a tenant who creates the nuisance is caught too. The named causes — noise, smoke, heat, offensive odours and the rest — are the very things your neighbour is inflicting, and the list closes with other causes, so it is not limited to the examples given.
What counts as an actionable nuisance
Not every annoyance is a nuisance the law will stop. The disturbance generally has to be a real, substantial interference with the use and enjoyment of your property — judged by the standard of an ordinary person, not an unusually sensitive one. A whiff of cooking or occasional ordinary noise is part of living near others; persistent, offensive smoke, jarring noise, or foul odours that genuinely disrupt your home are another matter. The article names the kinds of harm that qualify, but whether your neighbour's conduct crosses the line into an actionable nuisance depends on its seriousness, its frequency, and the character of the neighbourhood.
What you can do about it
Because the easement is a legal restriction, a neighbour who commits these nuisances is violating a duty owed to you. The law on nuisance allows the affected party to seek its abatement — to have the offending activity stopped or controlled — and, where the nuisance has caused harm, to claim damages for it. The safest course is to pursue relief through the proper legal channels rather than resorting to self-help, which can expose you to liability if you go too far. The point is that you are not powerless: your neighbour's freedom to use his land stops where it starts inflicting these harms on yours.
The limits of the rule
This easement restrains genuine nuisance; it does not entitle you to demand that a neighbour never make a sound, produce any smoke, or generate any heat. Ordinary, reasonable use of property is not forbidden merely because it is noticeable next door. Nor does the article by itself fix what remedy you get or measure your damages — those are governed by the wider rules on nuisance and civil liability. And it protects against substantial interference, not personal over-sensitivity. Within those limits, though, it firmly recognises that noise, smoke, heat and offensive odours can be stopped as a nuisance.