Decision reference: French Court of Cassation, Civil Division, No. 03-10.077, 19 May 2004 • Consult the decision →
This decision sheds important light on your property law rights. Here is what it changes for you.
The situation
The Court of Appeal violates Articles 671 and 672 of the Civil Code and fails to draw the legal consequences from its own findings when, in order to dismiss a request for pruning a thuja hedge located on the boundary line and exceeding two metres in height, it holds that at the date of the first instance hearing, i.e. 28 February, the hedge had been brought into compliance and that an excess of the regulatory height observed in April cannot be relied upon since this is due to the natural growth of plants which it is recommended to prune only in autumn.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Scrupulously respect the legal time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- 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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