Reference decision: cc • No. 83-10.996 • 1984-03-28 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The co-ownership regulation that determines the purpose of the private portions cannot impose any restrictions on the rights of the co-owners beyond those justified by the purpose of the building. The Court of Appeal legally justifies its decision after noting that the co-ownership regulation unambiguously defined one of the units as a cellar, thus clearly establishing its purpose, and that the co-owner in question had converted this cellar into a games room-library and had it connected to his flat, decides that these works and this unilateral change of use of the private portions of that co-owner's unit infringed the rights of the other co-owners and the purpose of the building.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Scrupulously respect the legal time limits for appeals
- Keep all your supporting documents (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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