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

It follows from Articles 3 and 35 of Law No. 65-557 of 10 July 1965, the latter in its wording resulting from Law No. 2014-366 of 24 March 2014 and prior to that resulting from Order No. 2019-1101 of 30 October 2019, that, in the absence of any provision in the co-ownership regulations, the right to raise the height of a building comprising common areas, even if special, in order to create new private premises, belongs to the co-ownership association.

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 bringing an 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.