Does not reverse the burden of proof

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Does not reverse the burden of proof on the possession of the plaintiffs who claimed to have been deprived of part of their land following the construction of a new fence by the neighbouring owner, the Court of Appeal which declares admissible the action for recovery of possession brought by them, holding it established that at the date of installation of the said fence the plaintiffs had constantly had peaceful and public possession of the disputed strip of land and had conducted themselves as the sole and lawful owners thereof.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the legal time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice is always less costly than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.