Where, in performance of an agreement

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

The situation

Where, in performance of an amicable agreement entered into between the municipality and the real estate partnership (SCI) owning a plot, the plot was incorporated into the public highway by demolition of the building erected on it, this private law contract concluded with the real estate partnership is subject only to the exchange of consent of the parties, and the failure by one of them to observe an "internal administrative formality, attributable to its own conduct", such as the requirement of prior approval from the land registry services or the signature of a prefectural order, does not constitute a substantive formality on which the validity of the contract depends.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory appeal deadlines
• Keep all your supporting documents (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.