Reference decision: cc • No. 08-12.126 • 2009-06-04 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
Having noted that the lessor had purchased a warehouse with an intrinsic storage purpose off-plan ten years before leasing it to the current lessee and sub-lessee, who were using it normally, without this installation having been the subject of an application for an operating permit either at the time of construction or at the time of the first lessee's installation, the Court of Appeal was able to infer that this initial fault committed by the lessor was the sole cause of the loss suffered by him, arising from the impossibility of bringing the building into compliance with the regulations on classified installations pursuant to a formal notice issued by the authorities to the operator
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly adhere to legal time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: 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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