Property dispute: understanding your rights and remedies

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

The situation

A court of appeal correctly holds that, by reason of the retroactive effect of the rescission of the sale of a building, the rights created over it are extinguished, and rightly infers that, since the seller does not have the status of a third-party holder, the creditor, who had registered a judicial mortgage in the name of the purchaser, cannot exercise a right of pursuit against the seller.

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 remedies.
• Keep all your supporting documents (title deeds, deeds, correspondence).
• Plan ahead: preventive advice always costs less than litigation.

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