For an amendment to the regulations

Application pratique:

This case law confirms that amendments to co-ownership regulations are only binding on new owners if registered with the Land Registry before the sale. Sophie should immediately request the full Land Registry extract to verify the amendment’s registration status. If unregistered, she can challenge the fine in writing, citing this principle, and refuse to alter her usage. Going forward, always instruct a notaire to check for registered amendments before purchase.

Application pratique:

The decision reinforces that unregistered amendments cannot be imposed on successors in title. Jean should immediately check the Land Registry record; if the amendment is indeed missing, he must drop his claim and instead seek reimbursement from the co-ownership’s reserve funds. To prevent future disputes, the co-ownership must urgently register all past amendments. In any enforcement action, the registration date relative to the new owner’s acquisition date is decisive.

Application pratique:

Under this ruling, Emilie is correct: the restriction lacks enforceability. Marc should immediately disclose the situation to his notaire, as he may face warranty claims from Emilie for failing to deliver a property with binding obligations or for misrepresentation. To mitigate, Marc should seek a post-sale registration of the amendment with the buyer’s cooperation, but this requires Emilie’s consent. Landlords must always verify Land Registry filings before listing a property to avoid passing unenforceable restrictions.