Trial judges seised of an action

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

The situation

The trial judges, seised of a possessory action for restoration of a right of way, are not required, in assessing the state of enclosure of the claimant's land, to take into consideration a tolerance of passage granted by a third party, over his land, after the disturbance was committed.

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, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.