Property law: legal framework and solutions

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

The situation

A Court of Appeal which finds that the record of notification of a general meeting to a co-owner ends with the quotation of the text of Article 42 of the Law of 10 July 1965 specifying the existence of a two-month time limit for bringing proceedings from notification correctly deduces that this notification is valid; the absence of the end of the sentence of paragraph 2 of Article 42, according to which the managing agent must notify the minutes within two months of the holding of the general meeting, cannot have any consequence for the co-owner insofar as the notification is effected within the time limit prescribed for the managing agent.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory time limits for bringing proceedings
• 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.