Failure to draw the legal consequences

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

The situation

The Court of Appeal, in dismissing the claim for compensation brought by the owner of a private boundary wall separating her land from that of her neighbour, held that the conservatory built by the neighbour exerted no pressure on the wall and was not likely to cause a neighbourhood problem, and that the wall of the conservatory and the small post supporting it were not sealed into the wall, whereas the neighbour had filled, with cement mortar, the gap between the conservatory built on his property and the wall belonging to the owner of the neighbouring land. In so doing, the Court of Appeal failed to draw the legal consequences of its own findings and violated Article 544 of the Civil Code.

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 (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.