Reference decision: cc • No. 78-13.517 • 1979-03-21 • View the decision →
This decision sheds important light on your property law rights. Here is what it changes for you.
The situation
The judgment which, in order to order the demolition of a tower block built in a housing development, holds that although the specifications do not specify the nature of the buildings to be constructed, several of its clauses read together with certain documents contemporaneous with its drafting made it possible to fill the gaps, and that the intention of the municipal and departmental authorities was to grant permissions only for the creation of a residential development comprising detached houses, is liable to be quashed, whereas that judgment notes that the specifications do not define the nature of the buildings to be constructed, does not exclude collective buildings, and contains no limitation of height or size for buildings in general with the exception of the heights specified for buildings to be erected in certain streets of the development.
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: a 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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