Reference decision: cc • No. 99-10.878 • 2000-12-06 • View the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
Does not give a legal basis to its decision with regard to Articles L. 315-2-1 and R. 315-44-1 of the Town Planning Code, the Court of Appeal which, in order to reject the claim of the owner of a plot against his neighbouring plot owner for closure of a passageway the opening of which had resulted in the removal of parking spaces provided for in the subdivision regulations, holds that pursuant to Article 8 of the Law of 6 January 1986, the town planning rules contained in the approved subdivision document ceased to apply ten years after the grant of the subdivision authorisation, without examining, if necessary of its own motion, whether the display formalities provided for by Article R. 315-44-1 of the Town Planning Code had been carried out.
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, deeds, 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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