Reference decision: Court of Cassation • No. 77-13.499 • 10 July 1978 • View the decision →
This decision provides important insight into your property rights. Here is what it changes for you.
The situation
When the action relates to a discontinuous easement, the possessory judge has the duty to investigate whether the possession alleged by the claimant is based on a title from which it would follow that the latter intended to exercise a right and not merely to enjoy a simple tolerance. The judge may therefore, provided that no order of a petitory nature is made, assess the existence and scope of the title relied upon.
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 legal remedies
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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