Property case law: analysis and practical advice

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

The situation

The Court of Appeal legally justifies its decision when, to hold the manager of a real estate company (SCI) liable for the costs of financing the building's heating installation, it finds, by sovereign interpretation excluding any distortion of the ambiguous terms of the agreements, that reading together the co-ownership regulations, reservation agreements and deeds of sale entitles the purchasing co-owners to claim that they acquired the heating installations without having to pay any price supplement, and that the manager, who was required to provide the notary with all information useful for drafting the deeds of sale, is liable for deficiencies in those deeds.

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, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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