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

Seised, by the owner of a unit in a building in co-ownership, of an action seeking to compel the other co-owners to waive the right to build on the land forming an internal garden and constituting one of the common parts of the building, such waiver being required by the mayor to authorise works planned by the claimant in accordance with the co-ownership regulations, the trial judges merely apply, without distorting them, the provisions of the said regulations, which are moreover in this respect consistent with those of the Act of 28 June 1938, when, noting that the termination of the non-building easement currently encumbering the common courtyard is subject to the decision of the co-owners to demolish the existing buildings around that courtyard and to build others on its current location, they recognise that the co-owners are entitled to exercise the option arising from the possibility of extinguishing the easement.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for taking action.
• 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.