It is up to the owner of a

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

The situation

It is up to the owner of a landlocked plot to prove that he has used, for less than thirty years, the route of the right of way he claims over a neighbouring plot. Consequently, a judgment is subject to cassation where, after having found that the owner of a landlocked plot had previously acquired by prescription the claimed route, it holds that the owner of the servient land does not prove that the use of this route of the passage remained unused for more than thirty years by the owner of the landlocked plot.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the legal time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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