Reference decision: cc • N° 77-10.596 • 1978-03-08 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The court in urgent proceedings which notes that a company carried out the underpinning work on a party wall without having received the consulting engineer's plans and without following the instructions of the employer may infer that the company's liability is not seriously open to dispute and, on the basis of article 809 of the New Code of Civil Procedure, award an interim payment to the neighbouring owner who suffered damage from these works.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the statutory time limits for bringing proceedings
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: 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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