Aller au contenu principal
No criticism can be made of the judge
Droit Immobilier

No criticism can be made of the judge

📅 Decision of 18 July 1984🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

No criticism can be made of the interim relief judge for having found that he had jurisdiction to authorise the owner of adjoining land to enter the neighbouring land in order to have the wall of a building rendered, the demolition of which for encroachment was being sought before the trial court, since he found that the rendering work was urgent and that its execution required temporary entry onto the neighbouring land, and he had regard to the existence of a dispute between the parties.

Reference decision: Court of Cassation • No. 83-13.225 • 18 July 1984 • View the decision →

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

The situation

No criticism can be made of the interim relief judge for having found that he had jurisdiction to authorise the owner of adjoining land to enter the neighbouring land in order to have the wall of a building rendered, the demolition of which for encroachment was being sought before the trial court, since he found that the rendering work was urgent and that its execution required temporary entry onto the neighbouring land, and he had regard to the existence of a dispute between the parties.

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 appealing
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

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

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 83-13.225
  • Court: Cour de cassation
  • Decision of: 18 July 1984

Keywords

droit immobilierjurisprudenceimmobilier
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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide