Property dispute: understanding your rights and remedies

This decision provides important clarification on your property rights. Here is what it changes for you.

The situation

Under Article 562, paragraph 1, of the Code of Civil Procedure, an appeal only refers to the Court of Appeal the knowledge of those parts of the judgment which it expressly criticises and those which depend on them, meaning all those which are the consequence of the parts of the judgment expressly criticised. It is for the Court of Appeal to ascertain whether there is a link of dependence between the parts of the judgment the existence of which the appellant invokes. Consequently, a judgment is liable to be quashed if it holds that this ground is ineffective because the appellant failed to criticise the provision of the judgment under appeal.

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 appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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