Property law: legal framework and solutions

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

The situation

A court of appeal legally justifies its decision by holding that the restoration of the premises to their original condition is the only measure necessary and proportionate to bring an end to the manifestly unlawful disturbance resulting from the installation, without prior authorisation from the co-ownership, of a flue gas extraction duct necessary for the exercise of a restaurant business, given that the regularisation of the works is merely hypothetical and that any arrangement envisaged by the restaurateur is not such as to ensure compliance with the co-ownership regulations.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously comply with the 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: a 30-minute consultation at €45 with Maître Zakine.