After having noted that a commune did not

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

After having noted that a commune could not establish that it had performed acts of possession over land during the thirty years preceding its claim for recovery of the land, a Court of Appeal which rightly states that the submission of this land to the forestry regime has no bearing on its ownership, holds, in the exercise of its sovereign discretion, that the defendant to the action, for more than thirty years, has exploited the parcels alone and as owner, in accordance with their nature, by cutting the ferns each year, and that this exploitation cannot be reduced to a right of use, given that he was never entered on the commune's register of lands excluded from the forestry regime and never paid any fee in that respect.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with the statutory time limits for bringing proceedings
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.