Reference decision: cc • N° 90-18.043 • 1993-06-09 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The Court of Appeal legally justified its decision to declare time-barred the action of a condominium owners' association brought in 1988 against one of them, owner of a lot contractually intended for residential use, for annulment of the commercial lease granted to a third party on that lot and to dismiss the claim for eviction of the tenant, finding that the co-owner had, without interruption, since 1972, let the residential flat for commercial use, that the action seeking compliance with the condominium rules was unrelated to the identity of the successive tenants and that, the owners' association, no longer able to contest the co-owner's right, had no further action against the lessee who derived from the co-owner his rights to carry on a commercial activity in the leased premises.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for bringing legal action
- 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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