Having noted that a person who had

This decision sheds important light on your property law. Here is what it changes for you.

The situation

Having noted that a person who had acquired a flat accessed by a terrace shared with another flat, on which there was a small structure, had used the latter without anyone raising any objection, and having found that the owner of the second flat had destroyed that construction, a court of appeal, ruling in summary proceedings, was able to infer the existence of a manifestly unlawful disturbance.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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