Reference decision: cc • N° 82-11.058 • 1983-06-15 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The judgment must be quashed which, in deciding that a SAFER was not entitled to exercise its right of pre-emption over a plot of land with an area of 10,990 square metres, held that the purchaser of that land undertook to allocate to the construction of a dwelling house an area equal to 2,800 square metres and that its remaining area is less than the minimum area of one hectare over which, having regard to local regulations, the SAFER's right of pre-emption may be exercised, whereas the acquisition related to a plot of land with an area greater than the maximum area of 2,800 square metres provided for by Articles 8 of the Decree of 20 October 1962 and 691-III of the General Tax Code.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Be proactive: 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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