Claims for reimbursement of

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

The situation

Claims for reimbursement of improvements made to the property by the beneficiary of a right of use and habitation, following the annulment of the agreement establishing such a right, do not have a compensatory character since they arise from the need, consequent upon such annulment, to restore the parties' assets to the state in which they were before the agreement was concluded. Therefore, a Court of Appeal which, holding a notary liable following the annulment of the use and habitation agreement, orders him to guarantee the owner payment to the occupants of the cost of the works they carried out, violates Article 1382 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory time limits for bringing proceedings
• 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.