It is for the public prosecutor

This decision provides important clarification of your property law. Here is what it means for you.

The situation

It is for the public prosecutor to establish that the prosecution is not time-barred and for the judges to ascertain when the offences were completed and to determine the starting point of the limitation period. A judgment is liable to be quashed where, in order to convict the defendant of building without planning permission and in breach of the local planning scheme, it dismisses the limitation defence, holding that limitation could not be relied upon since the defendant did not demonstrate the date on which the assorted structures were completed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Comply strictly with the legal time limits for bringing proceedings
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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