Fails 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 fails to draw the legal consequences from its findings where it allows the claim for discharge from taxation brought by the purchaser of a plot of land who had undertaken to construct industrial buildings within four years, an undertaking which he did not honour, holding that the building permit had been refused in circumstances amounting to force majeure, given that the urban planning certificate referred to in the deed of acquisition of the land mentioned only the possibility of a decision to defer ruling on any application, whereas it followed from those findings that the purchaser had been informed before giving his undertaking that he might encounter difficulties in obtaining a building permit and that the refusal of that permit was not unforeseeable for him.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Comply strictly with the statutory time limits for legal challenges.
• 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.