Reference decision: cc • No. 09-69.608 • 2010-09-29 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The owner of the lower land cannot be compelled, in order to remedy an aggravation of the natural drainage easement caused by the owner of the upper land, to accept the carrying out of works on their own land. The Court of Appeal therefore violates the provisions of article 640 of the Civil Code, together with articles 544, 545 and 641 of the same code, by adopting, in order to put an end to the disturbances caused by the flooding of the lower land, exclusively attributable to the owner of the upper land, the most effective solution, which consists of herringbone drainage in the lower part of the lower land, which its owner cannot refuse on the pretext that it is located on their land.
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, 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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