Standing to sue is assessed at the time

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

The situation

Standing to sue is assessed at the time the action is brought. A Court of Appeal which declares inadmissible the claim of the owners of a plot of land for relocation of the area of the easement with which that land is burdened, on the ground that they had sold their property during the proceedings and that the new owner was not a party, thereby violates Articles 31 and 32 of the Code of Civil Procedure, even though it found that they were owners on the day the proceedings were commenced.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the legal time limits for bringing proceedings
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Be proactive: preventive advice always costs less than litigation

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