Real estate case law: analysis and practical advice

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

The situation

That this instrument created for the benefit of the second party a right of way over a corridor belonging but whereas, if the clause may seem clear and precise when considered in isolation, the right of way of right of way at the height of the ceiling of the corridor encumbered by the said easement, whereas, on the one hand, the owner of the right of way may not make to the servient tenement any change likely to aggravate the easement or to extend the right of way, constituting an aggravation of the said easement, and whereas accordingly this ground is new and that

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.