Reference decision: cc • No. 08-11.745 • 2009-07-08 • View the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
A court of appeal, which orders the restoration of a right of way on the ground of landlocked property without investigating, as it was requested to do, whether carrying out works on the landlocked property, the cost of which would not be disproportionate to the value of the property, would provide access to the public highway, does not give a legal basis to its decision under Article 682 of the Civil Code.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously comply with the statutory time limits for appeals
- Keep all your supporting documents (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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