A judgment is subject to cassation which, in order to

Application pratique:

Per the 1983 Cour de Cassation ruling, the 10-year limitation period for such actions begins from the date of the offending works (2015), not the formation of the secondary association. Since 8 years have passed, she must act urgently before the deadline expires. She should immediately instruct a huissier (bailiff) to record the encroachment and consult an avocat to file a claim without delay.

Application pratique:

The 1983 decision clarifies that the prescription period starts from the date the shed was built (2008), so the 10-year deadline for a removal action has likely already passed. Mark should check if any interruption of prescription occurred (e.g., formal notice). He should gather old documents, such as co-ownership meeting minutes, to evidence attempts to challenge the encroachment. If prescription has indeed run, he may need to negotiate compensation instead.

Application pratique:

According to the Cassation ruling, the right to bring an action to remove the staircase existed for the co-owners as early as 2014, so the 10-year limitation period ends in 2024. The co-owners must file a legal claim before that deadline, irrespective of the secondary syndicate's formation date. They should swiftly convene a general meeting, vote to authorise legal action, and instruct an avocat to issue a mise en demeure (formal notice) to interrupt prescription if not already done.