Reference decision: Court of Cassation • No. 92-18.021 • 1994-07-13 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
After correctly holding that the Act of 17 May 1960, amending Article 658 of the Civil Code, applied to pre-existing party walls, with the result that any raising of an already constructed party wall after its enactment gave rise to the right to compensation provided for by that provision, a court of appeal rightly held that the new statute could not, without retroactive effect, disturb the final effects of raising works carried out before its enactment.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly observe the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Plan ahead: preventive advice is always cheaper than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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