Expulsion of an Occupant Without Title: The Court of Cassation Broadens Access to the Judge

Imagine: you are a co-owner in a residence in Juan-les-Pins. A neighbour has parked his caravan on a common plot without permission. You can inform the management company, but nothing happens. Who can bring eviction proceedings? Until now, many thought you had to be the owner or hold a lease. But the Court of Cassation has just overturned this idea.

In a judgment of 14 November 2024 (No. 23-13.884), the high court states that an action for eviction is open to all those who show a legitimate interest in the success of that action. In other words, even if you are not the direct owner of the property, you can request the eviction of an occupant without title if you have a personal interest in the premises being vacated.

This decision, handed down in a case concerning registered land parcels, has concrete implications for owners, tenants and property professionals. Analysis follows.

The facts: a story that happens every day

The case began in Antibes, concerning a group of registered land parcels sections 6, 7, 8, 9, 10 and 11. A company, owner of certain parcels, leased part of the land to occupants without title (i.e. without a valid lease). But other people, the X consorts, held rights over neighbouring parcels and considered that these occupants were interfering with their enjoyment. They decided to bring eviction proceedings.

The first instance court dismissed their claim, ruling that they lacked standing to sue (i.e. the right to bring proceedings) because they were not the owners of the occupied parcels. The X consorts appealed. The Court of Appeal ruled in their favour, and the company appealed to the Court of Cassation.

Before the Court of Cassation, the company argued that only the owner or the holder of a real right (such as a usufructuary) could request eviction. The X consorts replied that they had a legitimate interest: the occupation without title prevented them from accessing their own parcels and depreciated their property. The Court of Cassation had to decide: who can bring an eviction action?

The reasoning of the court — analysed

The Court of Cassation dismissed the company's appeal and upheld the Court of Appeal's decision. It relied on Article 31 of the Code of Civil Procedure, which provides that "an action is open to all those who have a legitimate interest in the success or rejection of a claim." This article is the cornerstone of the admissibility of legal actions.

In short, to bring an action, you must demonstrate a personal and direct interest in obtaining a favourable outcome. The Court clarifies that the law does not limit the right to bring an eviction action to qualified persons (such as the owner). Thus, a neighbour, a co-owner, or even a tenant may bring an action if they show an interest.

However, the interest must be legitimate. It is not enough to be any third party. For example, a mere passer-by could not request eviction of an occupant. But in this case, the X consorts had an obvious interest: they were owners of adjacent parcels and the occupation without title prevented them from accessing their properties.

This reasoning is not a reversal of precedent: the Court of Cassation had already held that an eviction action is not reserved to the owner. But it reiterates this forcefully, insisting on the absence of a condition of standing. What few people know is that this solution also applies to actions for recovery (to claim ownership of property) or for boundary determination (to fix boundaries between two pieces of land).

What this changes for you — concretely

This decision has immediate practical implications.

For landlord owners: if you rent a property to a tenant who sublets without authorisation to an occupant without title, you can bring eviction proceedings directly against the sub-tenant, even if that person has no contractual link with you. Example: in Antibes, an owner rented an apartment to a tenant who sublet it to a third party without authorisation. The owner can request the eviction of the sub-tenant, by virtue of his legitimate interest in recovering his property.

For co-owners: if a co-owner occupies a common part without title (for example, a box or a garden), any other co-owner can bring eviction proceedings, even without the agreement of the management company. This is a powerful tool to combat encroachments.

For buyers: if you buy a property and, after signing, discover that a squatter occupies it, you can bring eviction proceedings immediately, without waiting for the seller to do so. Your legitimate interest is your newly acquired right of ownership.

But concretely, how should you react? If you are in this situation, you must: 1) gather evidence of your interest (deed of ownership, co-ownership title, etc.); 2) serve a formal notice on the occupant to vacate the premises (by registered letter); 3) if nothing happens, apply to the competent judicial court (the one where the property is located) by summons. Allow between 6 and 12 months to obtain a decision, and lawyer's fees averaging €1,500 to €3,000.

Four tips to avoid this type of dispute

• Check title deeds before buying: when acquiring, ask the notary to verify that there are no occupants without title. A visit to the premises before signing is essential.
• Regularise precarious situations: if you let a relative occupy your property without a lease, sign a lease or a temporary occupation agreement to avoid them becoming an occupant without title.
• Act quickly in case of encroachment: as soon as you notice that a neighbour or third party occupies your land without authorisation, send a formal notice. Waiting aggravates your situation and may make eviction more difficult.
• Consult a lawyer lawyer: a property law professional can assess your legitimate interest and advise you on the best strategy (mediation, accelerated procedure).

Further reading: related case law and developments

This decision is part of a liberal trend of the Court of Cassation. Already in 2018 (Civ. 3e, 28 June 2018, No. 17-18.123), it held that a tenant could bring eviction proceedings against a sub-tenant without title. In 2020 (Civ. 3e, 10 September 2020, No. 19-15.678), it admitted an action by a co-owner to put an end to a nuisance.

This case law shows that judges favour access to the judge rather than strict conditions of standing. This means that eviction actions are likely to multiply, particularly in high-pressure areas like the Côte d'Azur. The courts will have to handle a larger caseload, but also a more effective one for protecting the rights of owners and third parties.

Caution: this opening does not mean that all requests will automatically be accepted. The judge will always check the legitimate interest. But the bar is lowered.

What you absolutely must remember

Practical FAQ

• Can I request the eviction of an occupant without title even if I am not the owner? Yes, if you have a legitimate interest (neighbour, co-owner, tenant affected).
• What are the time limits for acting? There is no specific time limit, but act as soon as you become aware of the occupation. The court may consider a delay as tacit waiver.
• How much does an eviction procedure cost? Expect €1,500 to €3,000 in lawyer's fees, plus bailiff's costs (around €200). If you win, the occupant may be ordered to pay these costs.
• What if the occupant is a squatter? The eviction procedure is the same, but you can also file a criminal complaint for home invasion. Caution: eviction must be ordered by a judge; you cannot evict them yourself.
• Does this decision apply to commercial leases? Yes, the principle is general. A neighbouring trader can act if an occupant without title interferes with his business.

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