Reference decision: cc • No. 23-19.970 • 2025-01-23 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
If the tenant does not have standing to seek recognition of the existence of a right of way for the benefit of the land he rents, he may, in the event of interference with the right of way benefiting that land likely to constitute a manifestly unlawful disturbance, apply for interim relief to demand, on the basis of Article 835 of the Code of Civil Procedure, the restoration of the said passage
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the statutory time limits for bringing legal proceedings
- Keep all your supporting documents (title deeds, deeds, letters)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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