Reference decision: cc • No. 19-23.160 • 2020-11-12 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The action for compulsory regularisation of an undertaking to transfer plots to a free syndicate of owners (association syndicale libre), which seeks recognition of the right of ownership transferred to it by effect of a stipulation for the benefit of a third party, is an imprescriptible action in revendication (claim for recovery of property). By the stipulation for the benefit of a third party granted for its benefit, the free syndicate of owners, once formed, was immediately vested with ownership of the plots subject to the stipulation, even before regularisation of the transfer by authentic deed.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with statutory time limits for appeals/actions
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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