The declaratory effect of partition, if it

This decision provides important clarification on your property rights. Here is what it changes for you.

The situation

The declaratory effect of partition, while it fixes the date on which each co-sharer's right to his or her allotted share arises, does not determine the date on which the warranty indemnity must be assessed. Article 885 of the Civil Code imposes on each co-heir the obligation to indemnify his or her co-heir for the loss caused by the eviction; the indemnity due must be calculated according to the actual loss suffered by the heir as a result of the eviction, and this loss is equal to the value of the property when it was taken from him or her; therefore, the loss must be assessed with regard to its value at the time of the eviction.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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