Real estate dispute: understanding your rights and remedies

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

The situation

The Court of Appeal legally justifies its decision by rightly holding that the sale, which resulted in the division of the vendor's land and thereby created the landlocked condition of the part of that land remaining in his ownership, did not have the effect of altering the legal basis of the right of way encumbering the sold land, since the vendor had not argued that the landlocked condition had been taken into account in setting the sale price or that the purchaser had waived compensation.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for lodging an appeal.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Plan ahead: preventive advice always costs less than litigation.

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