Pursuant to the provisions of Article

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

The situation

Pursuant to the provisions of Article 1638 of the French Civil Code, the seller's warranty is not owed for apparent easements. Consequently, a Court of Appeal cannot be criticised for dismissing a property buyer's claim for warranty due to the uprooting, requested by the owner of a neighbouring land, of trees planted less than two metres from the boundary line of the two properties, since the easement existing for the benefit of the neighbouring land over the sold land was apparent, the buyer having been able to note at the time of purchase that the trees on the sold property had not been planted at the prescribed distance.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly observe the legal time limits for appeals
• Keep all your supporting documents (deeds, contracts, letters)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.