Reference decision: cc • N° 75-11.969 • 1977-01-11 • View the decision →
This decision provides important insight into your property rights. Here is what it changes for you.
The situation
In view of an owners' syndicate formed to transform a garden plot development into a residential building development, a Court of Appeal having held that the sellers of two plots, one of whom signed, without being disavowed by the others, the site plan drawn up by the surveyors thereby approving it on their behalf, cannot thereby dispute having been part of the owners' syndicate and that they had necessarily subscribed to the project to transform the development, the execution of which had been entrusted to the owners' syndicate, was able to accept that, by virtue of his acquisition of the two plots, on which he planned to erect a residential building, the purchaser thereby assumed, in the absence of contrary agreements, the obligations of his sellers towards the owners' syndicate.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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