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Characterises a dispossession by way
Droit Foncier

Characterises a dispossession by way

📅 Decision of 12 November 1980🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

The Court of Appeal, which notes that, due to the construction of works completely obstructing a dead-end street, the beneficiary of a right of way over this dead-end street was unable to overcome the physical obstacle preventing entry, thereby characterises a dispossession by way of fact making the action for recovery of possession admissible and well-founded.

Reference decision : cc • No. 79-13.723 • 1980-11-12 • Consult the decision →

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

The situation

The Court of Appeal, which notes that, due to the construction of works completely obstructing a dead-end street, the beneficiary of a right of way over this dead-end street was unable to overcome the physical obstacle preventing entry, thereby characterises a dispossession by way of fact making the action for recovery of possession admissible and well-founded.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the legal deadlines for bringing an action
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 79-13.723
  • Court: Cour de cassation
  • Decision of: 12 November 1980

Keywords

droit immobilierjurisprudencefoncier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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