Reference decision: cc • No. 74-14.565 • 1976-04-27 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Lacks legal basis: the judgment which, in order to dismiss the application for removal of a door cut through a party wall, bordering the courtyard of a school, held that this door had been installed with the at least tacit agreement of the owner of the adjoining land and that this mere tolerance constituted on his part the recognition of a right of way, whereas the latter had authorised the passage only to allow the evacuation, in case of emergency, of the children from the said school.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory time limits for appeals
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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