Reference decision: Court of Cassation • No. 17-23.190 • 2018-10-04 • Consult the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
Having noted that the expert had replied to the project owners, who were attempting to link a fourth, new microcrack to those previously observed, that, technically, if these cracks had all had the same origin, the new one would have altered the existing ones, which was not the case, a court of appeal may deduce that the fourth microcrack, which stems from a causal origin different from that of the other three cracks and which was observed more than ten years after acceptance of the works, cannot be characterised as a progressive defect.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with statutory time limits for bringing claims
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: preventive advice always costs less 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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