Reference decision: Court of Cassation • N° 10-21.788 • 2012-06-13 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A court of appeal violates Articles 637 and 686 of the Civil Code when it decides that the agreement by which the owner of a plot of land allows EDF to install a transformer on it is analysed as a servitude agreement burdening the property, whereas the electricity distribution network cannot constitute a dominant estate.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal deadlines for appeals
- Keep all your supporting documents (titles, 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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