Infringement of property rights

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

The situation

Infringement of the right of property constitutes, in itself, an unlawful interference and causes a manifestly unlawful disturbance which the judge in interim proceedings has a duty to put an end to. A decision is liable to be quashed by the Court of Cassation which, while finding an infringement of property rights, dismisses the claim for reinstatement sought in interim proceedings on the ground that there is no manifest disturbance.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously comply with the statutory time limits for appeals
• 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.