Where a sale is granted with

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

The situation

Where a sale is granted subject to a reservation of a right of use and habitation, a court of appeal infringes Articles 1122 and 1165 of the Civil Code where, in dismissing the vendor's heir's claim for restitution of rents collected by the purchaser of a property in disregard of the reservation, it holds that since the vendor had not brought an action against the purchaser to enforce the conditions of the sale relating to the reservation, her estate cannot claim any restitution of the rents collected for the period when the vendor (the life annuitant) was not herself occupying the premises, whereas in her capacity as heir, the claimant, who was vested with all the rights and actions of the deceased, was entitled to seek restitution of the rents improperly collected by the purchaser.

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 (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.