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The deed effecting an exchange of plots of land
Droit Foncier

The deed effecting an exchange of plots of land

📅 Decision of 11 September 2013🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

A deed effecting an exchange of plots of land between their respective owners that has not been registered is unenforceable against third parties. Therefore, the judgment holding the notary liable for having assisted in the sale of one of those plots by its original owner is liable to be quashed, since the notary could not refuse to draw up the deed of sale.

Reference decision: cc • N° 12-23.357 • 2013-09-11 • View the decision →

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

The situation

A deed effecting an exchange of plots of land between their respective owners that has not been registered is unenforceable against third parties. Therefore, the judgment holding the notary liable for having assisted in the sale of one of those plots by its original owner is liable to be quashed, since the notary could not refuse to draw up the deed of sale.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, letters)
  • Plan ahead: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 12-23.357
  • Court: Cour de cassation
  • Decision of: 11 September 2013

Keywords

droit immobilierjurisprudencefoncier
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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