Inheritance with no heir: when the commune seizes your property

Imagine: you learn that a piece of land your family has owned for generations in Joué-lès-Tours has just been claimed by the town hall. On what grounds? 'Ownerless property,' you are told. In other words, no one has dealt with it for thirty years. Yet you are the direct heir of the last deceased owner. What can you do? The Court of Cassation has just answered this question in a judgment of 27 March 2025 (No. 23-17.940). And the answer is clear: as long as you come forward within thirty years, you prevent the commune from appropriating the property. Explanations.

The facts: a story like many others

Mr [N] [J], owner of three registered plots in [Localité 7], dies leaving four children, including [V] [O]. The commune of [Localité 7] considers these plots abandoned and initiates proceedings to have them declared 'ownerless property' (Article L. 1123-1 of the General Code of Public Property). In law, property is ownerless when its owner dies without an heir, or if no heir has come forward within thirty years. The commune succeeds at first instance: the plots are awarded to it. But [V] [O] challenges this: she claims to be an heir and to have come forward within the legal period. The Court of Appeal rules in her favour, and the commune appeals to the Court of Cassation. The High Court confirms: the mere fact of claiming the inheritance within thirty years is sufficient to prevent public appropriation. It does not matter that the commune has already taken steps; the heir who comes forward in time blocks the procedure.

The reasoning of the court — explained

The Court of Cassation relies on Article L. 1123-1 of the General Code of Public Property, which provides that property is ownerless if it has no known owner or if the owner died without an heir. But it clarifies the notion of 'having come forward to the succession': it is sufficient for the heir to manifest his intention to take up the inheritance within thirty years of the death. No notarial deed or judgment is required: a simple written claim, a letter to the town hall, a declaration before a notary suffices. The reasoning is as follows: the legislator intended to protect heirs against hasty appropriation by communes. If the heir makes himself known in time, the property is never ownerless. The commune of [Localité 7] argued that a mere manifestation was not enough; that an express acceptance of the succession was required. The Court says no: the article does not distinguish. This is a broad interpretation, favourable to heirs. This decision confirms a recent trend of the courts to protect property rights against the appetites of local authorities.

What this changes for you — concretely

For owners and their heirs, this decision is a lifeline. If you are an heir of a property whose owner died less than thirty years ago, you can still claim your due, even if the commune has already started proceedings. Concrete example in Chinon: a ruined house left by a relative who died in 2005. The town hall wants to recover it to demolish it. You, a distant cousin, learn the news in 2028. You send a registered letter to the town hall presenting yourself to the succession. The commune must stop the procedure. For buyers, be cautious: if you buy a property from a commune that has declared it ownerless, check that no heir has come forward within the period. Otherwise, the purchase could be challenged. For tenants, this does not change things directly, but if your landlord is a commune that acquired ownerless property, be aware that its title may be fragile. Finally, for real estate professionals, this is a reminder: during a succession, systematically inform known heirs, even distant ones, to avoid disputes.

Four tips to avoid this type of dispute

• Check the deadlines: as soon as a relative dies, note the date and act within thirty years. A simple letter to the town hall or the state property office is enough to preserve your rights.
• Keep all documents: certificates of inheritance, wills, letters. In case of a dispute, you will need to prove your status as heir and your manifestation within the period.
• Anticipate successions: if you are an owner, draw up a will or a gift to avoid your property falling into oblivion. Clearly indicate your heirs.
• Consult a lawyer: if a commune notifies you of an ownerless property procedure, do not delay. A specialised lawyer can challenge the procedure and assert your rights.

Further reading: related case law and developments

This decision is part of a protective line for heirs. Already in 2019, the Court of Cassation had ruled (Civ. 1st, 13 February 2019, No. 17-27.123) that a simple inheritance declaration sufficed to manifest the intention to accept. Here, it goes further: even an informal claim, outside a notarial framework, is valid. However, be careful: if the thirty-year period has expired, the property is definitively ownerless and the commune can acquire it. The trend is therefore clear: judges favour the protection of property rights and limit abusive appropriations. In the future, communes will have to be more vigilant: before declaring property ownerless, they must seriously check for the absence of heirs. This could slow down certain development operations.

Summary and next steps

What to do if you are an heir of a property threatened with appropriation:

1. Check the date of death: are you within thirty years?
2. Send a registered letter with acknowledgement of receipt to the town hall and the state property office, stating your status as heir and your wish to take up the succession.
3. Consult a notary to draw up a certificate of inheritance.
4. If the commune has already issued an order declaring the property ownerless, challenge it before the administrative court within two months.
5. If in difficulty, instruct a lawyer specialised in property law.

FAQ:

Q: Can I present myself to the succession by simple email?
A: An email may suffice, but it is safer to use registered mail to have proof of a certain date.

Q: What if the thirty-year period has expired?
A: Unfortunately, the property is definitively ownerless. You can no longer claim ownership, but you may claim compensation if you can prove a loss.

Q: Can the commune refuse my manifestation?
A: No, if you are an heir and within the period, the commune must stop the procedure. If it refuses, you can go to court.

Q: Does this concern only land?
A: No, all immovable property (houses, flats, commercial premises) is concerned.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (£45) could save you months of proceedings — and often much more. Book an appointment →