In view of the provisions of

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

The situation

In view of the provisions of article 43 of the Rural Code, it is only for the courts of the judicial order to rule on all disputes relating to the finding of uncultivated state, whether it be the finding of that state by the departmental commission for land reorganisation and consolidation or the finding of the renunciation of the development of the land, after formal notice given by prefectural order. Consequently, the civil courts alone have jurisdiction to rule on the validity of the prefectural order recording the failure to develop land, and this both when the challenge to that validity is based on the said order's disregard of the time limits laid down in articles 39 paragraph II of the Rural Code and 14 of Decree No. 78-1071 of 8 November 1978, and when the challenge concerns the actual failure to develop the land. The only exception to this jurisdiction of the judicial courts could arise only from the invocation against the order of a defect peculiar to it, unconnected with the application of the legislation on the development of reclaimable uncultivated land, in which case a preliminary question would be required.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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