A co-owner is not entitled to require the acquisition of his lot

Application pratique:

Under the 1982 Court of Cassation ruling, a co-owner cannot demand the authority acquire only their lot, as the reservation affects the undivided land share. Marie should instead collaborate with other co-owners to negotiate a collective sale or wait for the authority to initiate a full acquisition. She should gather all title documents and consult a property lawyer to explore alternative options like claiming compensation for loss of value.

Application pratique:

This case law clarifies that an individual co-owner cannot unilaterally require the public body to acquire their lot. James should request the full co-ownership regulations and check if the reservation impacts the building’s future. He may proceed with the purchase but must be aware he remains a co-owner with only an undivided share, and any compulsory purchase would involve all co-owners collectively. He should keep updated on any pre-emption declarations and seek legal advice before signing.

Application pratique:

The 1982 ruling means Marc cannot compel the authority to purchase his individual lots; he must treat the situation as an undivided co-ownership. He should join the co-owners' association to collectively negotiate with the authority or explore selling his shares to another private investor. He should document all correspondence and consider a legal consultation to protect his financial interests.