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Is vitiated by a formal defect and is
Droit Foncier

Is vitiated by a formal defect and is

📅 Decision of 03 June 1987🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

The order of the expropriation judge which does not allow verification that the formality of individual notification provided for in Article R. 11-22 of the Expropriation Code was accomplished in respect of all the joint owners of a parcel, as appearing in the parcel schedule, is vitiated by a formal defect and is consequently void as against all persons.

Reference decision: cc • No. 86-70.033 • 1987-06-03 • View the decision →

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

The situation

The order of the expropriation judge which does not allow verification that the formality of individual notification provided for in Article R. 11-22 of the Expropriation Code was accomplished in respect of all the joint owners of a parcel, as appearing in the parcel schedule, is vitiated by a formal defect and is consequently void as against all persons.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

For an analysis of your situation: 30-minute consultation for €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: 86-70.033
  • Court: Cour de cassation
  • Decision of: 03 June 1987

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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