Property dispute: understanding your rights and remedies

This decision sheds important light on your property rights. Here is what it changes for you.

The situation

It follows from Article 1382, now Article 1240 of the Civil Code, that the notary is required to verify, by all useful investigations, the declarations made by the seller which, by their nature or legal scope, condition the validity or effectiveness of the instrument he draws up. A notary fails in his duty to inform and advise where, although he is aware, through the descriptive statement of division and the co-ownership regulations, of the industrial past of the site within whose area the sold building is situated and on which the seller's declarations do not provide sufficient details with regard to Article L. 514-20 of the Environment Code, he limits his investigations to merely consulting the public general environmental databases, since these sites are incomplete and he should have carried out the necessary checks with the authority responsible for the supervision of classified installations for environmental protection (ICPE).

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for legal recourse
• 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.