Reference decision: cc • N° 14-24.777 • 2016-01-07 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The seller's recourse action, brought against the architect who designed a building without complying with a non aedificandi servitude (a prohibition on building) of which he was aware, which seeks compensation for the loss caused by the obligation to guarantee the purchasers against the eviction they suffer due to non-compliance with that servitude, falls under ordinary civil liability, which was subject to a thirty-year limitation period before the entry into force of Law No 2008-561 of 17 June 2008 reforming the rules on civil limitation periods
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for bringing proceedings
- 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.
→ Prendre RDV pour une consultation servitudes |
→ Browse all our legal articles
