Reference decision: Court of Cassation • No. 09-70.917 • 2010-11-24 • View the decision →
This decision sheds important light on your property rights. Here is what it changes for you.
The situation
The right of use of a farm track not being linked to ownership of the land, the existence of a title deed in favour of an adjoining owner does not make it impossible to classify the track as a farm track. The Court of Appeal, having noted that the plot farmed by a tenant was adjacent to a track whose purpose was to enable the landlord (owner) to access, cross and use his plot and also to serve the plot farmed as an olive grove by the tenant, and having held as a matter of its sovereign assessment that the track was exclusively used for communication between the parcels and that the tenant had an interest in using it, made a correct application of Article L. 162-1 of the Rural Code, read together with Article 544 of the Civil Code, and deduced that the track had to be classified as a farm track and that the tenant was entitled to use it.
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 (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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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