Pre-emption: No Obligation of Retrocession and No Disproportionate Interference

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The Court of Appeal lawfully justified its decision to dismiss the claim for damages brought by the former owner of a pre-empted plot of land, holding that no provision of the Planning Code then applicable required the holder of the pre-emption right and the successive purchasers to offer the retrocession of the pre-empted property, and that no fault on the part of those successive owners was established. It further noted that the initial owner of the land had taken the initiative to transfer it, which renders inoperative the examination of or response to submissions alleging a disproportionate interference, within the meaning of Article 1 of the First Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, with his right to respect for his property, constituted by the loss of the added value generated by the pre-empted land.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously respect the legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.