Makes a correct application of the

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The Court of Appeal correctly applies Articles 1626 and 1628 of the Civil Code by holding that a seller, bound by the obligation to guarantee the purchaser of a plot of land against any eviction resulting from his own personal act, such as thirty-year possession, cannot evict the purchaser by relying on adverse possession to have himself declared the owner of the land he sold but of which he retained possession; the purchaser, in such a case, remains entitled to raise the warranty defence against him, which is perpetual.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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