A possessory action is only permitted

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

The situation

A possessory action is only permitted for the protection of a right capable of possession and not for a mere tolerance or permission. Accordingly, a court of appeal which upholds a possessory action for the demolition of construction reducing the light enjoyed by a building over a courtyard by virtue of three openings, without examining whether these latter did not fall under a classification incompatible with the action brought, does not provide a legal basis for its decision with regard to Articles 2232 of the Civil Code and 1264 of the Code of Civil Procedure.

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 always costs less than litigation

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