Property law: legal framework and solutions

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

The situation

A judgment which, in order to allow one party's claim for demolition of a fence and to reject the opposing party's claim for recovery of ownership, holds that that claim, which merely seeks to challenge a final boundary determination made by a previous decision, is inadmissible, violates Article 1351 of the Civil Code, since that decision, which has the force of res judicata and exclusively fixed the boundary line between the plots, did not have to rule on the question of ownership of the parcel and did not bar the action for recovery.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with the statutory 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: a 30-minute consultation at €45 with Maître Zakine.