Reference decision: Court of Cassation (cc) • No. 77-11.072 • 1978-10-30 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A judgment lacks legal basis where it orders an owner to restore at his own expense the door of the passage giving access to his land in order to respect his neighbour's tour d'échelle (right of access for maintenance), thereby establishing the existence of a servitude of tour d'échelle, which can only have a contractual basis, without noting the existence of a title establishing it.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Be proactive: preventive advice always costs less than litigation
For an analysis of your situation: 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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