The notary responsible for drafting a deed

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

The situation

The notary responsible for drafting a real estate sale deed is not required to verify the possibility of changing the use of the property sold which is not mentioned in the deed and of which he has not been informed, unless he could not reasonably have been unaware of it. The Court of Appeal, having held that the notary could only note the purchaser's decision to buy the property for residential use and had no need to interfere with his motives, was able, since such an acquisition was not unlawful, to infer that he had committed no fault causing the delay in carrying out a change of use which had not been disclosed to him.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Be proactive: preventive advice always costs less than litigation

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