It is for the client who attributes to the

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

The situation

It is for the client who alleges that the notary breached his duty to advise to establish the existence of that breach. Therefore, in the light of a deed of sale of a building plot – a clause of which exempted the notary who drafted the deed from requesting all quarry certificates and released him from all liability in that respect – the judgment which, in order to hold that the said notary was at fault, stated that this public officer did not establish, by the waiver of liability that he had inserted in the deed, that he had fulfilled his duty to advise towards the purchasers of the plot, is liable to cassation.

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)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.