A judgment is liable to be quashed where, in order to

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

The situation

A judgment is liable to be quashed where, in order to allow a claim for recognition of the existence of an easement of way and of drawing water, it holds that it is only since the land registration reform introduced in 1955 that easements are enforceable against third parties only if they are registered, whereas Article 2 of the Law of 23 March 1855 provided for the registration with the mortgage registry of any deed creating an easement.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with statutory time limits for appeals
• Keep all supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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