Co-ownership includes

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

The situation

Co-ownership includes in particular the right to defend, without the concurrence of the other co-owners, against an action by a third party claiming the common property. The Court of Appeal therefore does not rule with regard to one of the two co-owners not summoned to the proceedings when, in order to uphold an action for recovery of a plot directed solely against the other co-owner, it considers that only in cases where the law so prescribes may a court order the compulsory joinder of a third party or decide to stay proceedings until that party is joined, and holds that it is for the party with an interest to compel the third party to intervene.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for bringing an appeal
• 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.