Reference decision: cc • No. 78-10.805 • 2 May 1979 • View the decision →
This decision provides important insight into your property law. Here is what it means for you.
The situation
A possessory action for recovery of possession (action en réintégrande), which presupposes actual physical possession of the property in dispute, cannot be brought in the case of discontinuous and non-apparent easements unless it has been established that the holder of the easement had actual physical possession of the thing of which he was dispossessed by a forcible act. A decision which upholds an action seeking to have a shared staircase and corridor separating the parties' properties cleared of all obstacles, while noting that the disputed passage, which was used only exceptionally, was last used several years before the summons was issued, lacks legal basis.
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
- Keep all your supporting documents (deeds, instruments, correspondence)
- Anticipate: preventive advice is always cheaper 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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