Reference decision: cc • N° 92-70.201 • 1993-03-17 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Since the provisions of Article L. 123-4 of the Town Planning Code cannot override the mandatory public policy provisions of Article L. 13-15 of the Expropriation Code, a Court of Appeal which, after noting that the reference date is, in this instance, that of the publication of the revised land use plan (POS), sovereignly finds the existence of fraudulent intent on the part of the municipality.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with statutory appeal deadlines
- Keep all your supporting documents (title deeds, deeds, letters)
- Plan ahead: 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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