Liable to cassation, the judgment which

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The judgment that dismisses the purchaser of a plot of land in his claim brought against his vendors for not having informed him, at the time of the sale, of the existence of a party wall agreement concluded between the vendors’ predecessor in title and the owner of the adjoining land, and for having allowed a concrete footing to be installed in the subsoil of the sold plot, on the ground that the bad faith of the vendors, who claimed to be unaware of the agreement and the presence of the footing, was not established, without examining whether the vendors were not liable as universal heirs standing in the shoes of their predecessor, is liable to cassation.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• 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.