Jurisprudence immobilière : analyse et conseils pratiques

Application pratique:

In its decision of 11 May 2017 (no. 16-12.299), the Cour de cassation held that France Télécom's structures have not been 'public works' since 31 December 1996. A 'public work' is a structure that the administrative courts alone can rule on. So Mr Lefèvre can bring his claim for removal before the ordinary civil court (tribunal judiciaire), and the operator cannot argue that the poles cannot be touched. He should first send a formal notice by registered letter asking for the poles to be moved or removed. He should also gather his title deed, a land-registry extract and dated photographs, and ask a lawyer to start civil proceedings if the operator does not answer.

Application pratique:

This refusal is not decisive. The Cour de cassation has ruled that France Télécom's structures lost their public-work status on 31 December 1996, whatever their date of construction. The only exception is a structure physically built into a genuine public work and forming part of it. The developer should have the facts checked: who owns the line, whether it forms part of a public network, and whether any easement (a legal right of way over the land) is recorded. If none is, the developer can bring a claim for removal before the civil court, and can ask for damages for the delay. It should also keep proof of its financing costs.

Application pratique:

The siblings can rely on the 2017 decision: the operator's structures are not public works, so the civil court has jurisdiction. This applies unless the structure is part of a genuine public work. They should ask the operator in writing for the legal basis of the installation (agreement, easement or other). If there is none, they can ask the civil court to order removal, or to set compensation for the occupation. Before any new sale, they should check the land-registry records and consult a lawyer, so that the buyer is told about any easement.