Reference decision: Court of Cassation • No. 17-10.482 • 2018-02-01 • View the decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
A court of appeal fails to give a legal basis for its decision when it dismisses the existence of an exclusive right of enjoyment without examining whether the mention of a "right of way" in the descriptive statement of division of a co-ownership for the sole benefit of the owner of a lot reveals that it is an exclusive right.
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 appeals
- 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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
