According to Article L

This decision sheds important light on your property law. Here is what it changes for you.

The situation

According to Article L. 515-11, paragraph 1, of the Environmental Code, when the creation of public utility easements on polluted land, provided for in Article L. 515-8, causes direct, material and certain damage, it gives rise to compensation for owners, holders of real rights or their successors in title. A court of appeal legally justifies its decision when it holds that no compensation is due on account of the creation of such an easement prohibiting residential or similar uses and developments, since it follows from its findings that industrial activity could continue on the site and that its reallocation to residential use was not possible at the reference date. Conversely, a court of appeal deprives its decision of legal basis when it dismisses the claim for compensation for the loss of market value of the land on account of the operating constraints linked to the creation of the public utility easements, on the ineffective ground that the owner does not provide evidence of his intention to sell or let the property.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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