Real estate dispute: understanding your rights and remedies

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

The situation

Pursuant to Article 860, paragraph 1 of the Civil Code, the value to be brought into hotchpot is owed as at the time of partition, based on the condition of the property at the time of the gift. The decision which does not apply a reduction in value on account of the small floor area of the gifted property should be upheld, since at the time of partition the condition of the property had been altered for a reason unrelated to the donee's own efforts.

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, deeds, correspondence)
• Be proactive: preventive advice always costs less than litigation

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