The bare owner who, upon the death

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

The situation

The bare owner who, upon the death of the usufructuary and after the distribution of her estate, combines in his own person the capacities of usufructuary and bare owner of an agricultural property and thereby becomes full owner is nevertheless not barred from challenging the failure to comply with the provisions of Article 595, paragraph 4, of the Civil Code, since the merger in his own person of his mother’s person, by the mere fact of succession, does not extinguish his personal right to rely on the nullity of a rural lease granted by the usufructuary alone.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly observe the statutory time limits for legal challenges.
• 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.