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The possibility of building does not
Droit Immobilier

The possibility of building does not

📅 Decision of 07 September 2026🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 30 views📖 1 min read

The possibility of building does not prevent the application of Article 39 of the Rural Code allowing the Tribunal d'instance to grant a third party the right to cultivate uncultivated land.

Decision reference: cc • N° 74-15.226 • 1976-05-31 • Consult the decision →

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

The situation

The possibility of building does not prevent the application of Article 39 of the Rural Code allowing the Tribunal d'instance to grant a third party the right to cultivate uncultivated land.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with legal time limits for appeals
  • Keep all supporting documents (deeds, instruments, correspondence)
  • Plan ahead: 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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Legal information

  • Number: 74-15.226
  • Court: Cour de cassation

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.

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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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