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Pursuant to the provisions of Article
Droit Foncier

Pursuant to the provisions of Article

📅 Decision of 01 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

Pursuant to the provisions of Article 1638 of the French Civil Code, the seller's warranty is not owed for apparent easements. Consequently, a Court of Appeal cannot be criticised for dismissing a property buyer's claim for warranty due to the uprooting, requested by the owner of a neighbouring land, of trees planted less than two metres from the boundary line of the two properties, since the easement existing for the benefit of the neighbouring land over the sold land was apparent, the buyer having been able to note at the time of purchase that the trees on the sold property had not been planted at the prescribed distance.

Reference decision: cc • N° 76-12.204 • 1977-12-20 • View the decision →

This decision sheds important light on your property rights. Here is what it changes for you.

The situation

Pursuant to the provisions of Article 1638 of the French Civil Code, the seller's warranty is not owed for apparent easements. Consequently, a Court of Appeal cannot be criticised for dismissing a property buyer's claim for warranty due to the uprooting, requested by the owner of a neighbouring land, of trees planted less than two metres from the boundary line of the two properties, since the easement existing for the benefit of the neighbouring land over the sold land was apparent, the buyer having been able to note at the time of purchase that the trees on the sold property had not been planted at the prescribed distance.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the legal time limits for appeals
  • Keep all your supporting documents (deeds, contracts, letters)
  • Plan ahead: 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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Legal information

  • Number: 76-12.204
  • Court: Cour de cassation

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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