Real estate dispute: understanding your rights and remedies

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

The situation

THE OWNER OF A PRIVATE PART OF A BUILDING IN CO-OWNERSHIP IS NECESSARILY A CO-OWNER. HE IS REQUIRED, UNDER ARTICLE 10 OF THE LAW OF 10 JULY 1965, TO CONTRIBUTE BOTH TO THE CHARGES INCURRED BY THE COLLECTIVE SERVICES AND COMMON EQUIPMENT ELEMENTS, AND TO THE CHARGES RELATING TO THE PRESERVATION, MAINTENANCE AND ADMINISTRATION OF THE COMMON PARTS: THE SHARE OF THE CHARGES INCUMBENT UPON HIM IN THE LATTER CAPACITY IS ESTABLISHED IN PROPORTION TO THE RELATIVE VALUES OF THE PRIVATE PARTS INCLUDED IN HIS LOT AND CAN ONLY BE FIXED AFTER DETERMINATION OF HIS SHARE IN THE COMMON PARTS. VIOLATES THE AFOREMENTIONED ARTICLE 10, THE JUDGMENT WHICH, AFTER HAVING FOUND THAT THE CO-OWNERSHIP REGULATIONS DO NOT ALLOCATE TO A PRIVATE UNIT ANY SHARE OF THE COMMON PARTS, HOLDS THAT NO THOUSANDTH SHARE OF CO-OWNERSHIP SHOULD BE ATTRIBUTED TO THE OWNER OF THE SAID UNIT WHOM IT NEVERTHELESS ORDERS TO PAY A SHARE OF THE COMMON CHARGES.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the legal 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.