Reference decision: cc • No. 76-92.606 • 1977-11-22 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
While it is true that the provisions of the Town Planning Code allowing the subdivider to be required to carry out certain works necessary for servicing were enacted in the general interest, these texts nevertheless tend to protect lot purchasers, to whom the criminally sanctioned violation of the requirements laid down in such cases by the public authority may potentially cause direct and personal damage capable of serving, before the criminal courts, as the basis for a civil action for compensation independent of the contractual action (1).
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 (title documents, 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.
→ Prendre RDV pour une consultation servitudes |
→ Browse all our legal articles
